-2- capital accounts. Pursuant to the provision, H, a member of L with a 99-percent interest therein, took into account its proportionate share of L’s recourse debt in computing its at-risk amounts under sec. 465(b)(2)(A), I.R.C., for H’s taxable years ended in July 2000 and 2001. Held: For Federal income tax purposes, the provision is inapplicable to H’s taxable year ended in 2000 because the amendment was made too late under sec. 761(c), I.R.C., and other provisions, to be included in L’s operating agreement for that year. Held, further, H may not take into account L’s recourse debt for H’s taxable year ended in 2001 because H was not personally liable for the repayment of that debt under sec. 465(b)(2)(A), I.R.C. William F. Russo and R. Daniel Fales, for petitioner. Gary R. Shuler, Jr., for respondent. SUPPLEMENTAL MEMORANDUM FINDINGS OF FACT AND OPINION LARO, Judge: This case is before the Court on remand from the Court of Appeals for the Sixth Circuit. We filed our initial report as Hubert Enters., Inc. & Subs. v. Commissioner, 125 T.C. 72 (2005) (Hubert I). Hubert I was a consolidation of three cases, and the Court of Appeals for the Sixth Circuit affirmed our decisions in two of those cases. See Hubert Enters., Inc. v. Commissioner, 230 Fed. Appx. 526 (6th Cir. 2007), affg. in part, vacating in part and remanding 125 T.C. 72 (2005). The Court of Appeals for the Sixth Circuit vacated the remaining decision and remanded the case to this Court to decide, after allowing the parties to develop the record more fully, whether the deficitPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008