Oliver Q. Foust and Talietha Foust - Page 2

            "small business corporation" under section 1366,1 so as to enable                              
            them to claim a deduction for an ordinary loss of $129,083 and a                               
            deduction pursuant to section 179 of $3,057; (2) whether                                       
            petitioners are entitled to a long-term capital loss carryover                                 
            from 1987 of $61,468; and (3) whether petitioners' taxable income                              
            should be increased in the amount of $7,399 for Social Security                                
            benefits received during 1988.                                                                 

                                           FINDINGS OF FACT                                                

                  Vosburg Hotels, Inc. (Vosburg), was incorporated in                                      
            Sacramento, California, on September 3, 1985, and it acquired                                  
            assets and began doing business on the same date.  On November                                 
            12, 1985, the shareholders of Vosburg elected to be treated as a                               
            "small business corporation" under subchapter S of the Internal                                
            Revenue Code.  At the time of its election, Vosburg had six                                    
            shareholders.  Petitioners jointly acquired 179,620 shares.                                    
            Petitioners' shares were evidenced by stock certificate number                                 
            three which was issued to "Oliver Q. Foust and Talietha Foust as                               
            their community property".  Al and Susan E. Lemerande also                                     
            acquired 179,620 shares, and Mark P. and Ruth Owens acquired                                   
            359,240 shares.  Petitioners' holdings represented 25 percent of                               
            the corporation's outstanding stock.                                                           



            1Unless otherwise indicated, all section references are to                                     
            the Internal Revenue Code in effect for the taxable year in                                    
            issue, and all Rule references are to the Tax Court Rules of                                   
            Practice and Procedure.                                                                        




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