T.C. Memo. 2008-46 UNITED STATES TAX COURT HUBERT ENTERPRISES, INCORPORATED, SUCCESSOR BY MERGER TO HUBERT HOLDING COMPANY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent* Docket No. 16798-03. Filed February 28, 2008. L is a limited liability company that purchased equipment and partially financed its purchases using recourse debt. L reports its operations for Federal income tax purposes on the basis of a taxable year ending July 31. On Mar. 28, 2001, L’s two members amended L’s operating agreement to add a provision on deficit capital account restoration. Under the provision, stated as effective Jan. 1, 2000, any L member with a deficit capital account following the liquidation of its interest in L had to contribute to L by the end of the taxable year, or if later within 90 days after the date of the liquidation, funds equal to the amount of the deficit for payment to L’s creditors or for distribution to the members of L with positive * This opinion supplements Hubert Enters., Inc. & Subs. v. Commissioner, 125 T.C. 72 (2005), affd. in part, vacated in part and remanded 230 Fed. Appx. 526 (6th Cir. 2007).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008