Franklin W. Briggs - Page 20




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         deductions.  See sec. 1366(a).  The aggregate amount of                      
         deductions and losses that the taxpayer may take into account                
         generally is limited, however, to the sum of:  (1) The adjusted              
         basis of the shareholder’s stock in the S corporation, and (2)               
         the shareholder’s adjusted basis in any indebtedness owed by the             
         corporation to the shareholder.  See sec. 1366(d)(1).16                      
              Petitioners have failed to establish what balance, if any,              
         was outstanding with respect to the line of credit, or                       
         enhancements thereof, between AMI and Towers Development as of               
         each taxable year in question.  AMI was to make loan                         
         disbursements to Towers Development in accordance with a line of             
         credit construction loan agreement, but petitioners have put into            
         evidence neither the line of credit construction loan agreement              
         nor other evidence that would credibly establish the amounts and             
         dates of disbursements made by AMI under the line of credit.                 
              AMI extended the line of credit to Towers Development in May            
         1985.  One of petitioners’ witnesses, James Guerino (Guerino), a             


               16 For the years in issue, the regulations provide that                
          adjustments to the basis of a shareholder’s stock and to the                
          basis of indebtedness of an S corporation to a shareholder “must            
          be determined in a reasonable manner, taking into account the               
          statute and the legislative history.”  Sec. 1.1367-3, Income Tax            
          Regs.  For the years in issue, return positions are deemed                  
          reasonable if consistent with the regulatory rule, expressly                
          applicable to taxable years of corporations beginning on or after           
          Jan. 1, 1994, that adjustments to the basis of a shareholder’s              
          stock and to the basis of indebtedness are generally determined             
          as of the close of the corporation’s taxable year and are                   
          generally effective as of that date.  See secs. 1.1367-1(d)(1),             
          1.1367-2(d)(1), and 1.1367-3, Income Tax Regs.                              





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