Christopher K. and Brenda M. Cox, et al. - Page 11




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          shareholder’s deduction, however, is limited to his basis in the            
          S corporation’s stock and in any debt the corporation may owe him           
          (hereinafter referred to, in the aggregate, as basis in an S                
          corporation).  Sec. 1366(d)(1).7  A taxpayer may increase his               
          basis in an S corporation only if he makes an additional economic           
          outlay to or for the benefit of the S corporation.  Goatcher v.             
          United States, 944 F.2d 747, 751 (10th Cir. 1991); Estate of                
          Leavitt v. Commissioner, 875 F.2d 420, 422 (4th Cir. 1989) (“To             
          increase the basis in the stock of a subchapter S corporation,              
          there must be an economic outlay on the part of the                         
          shareholder.”), affg. 90 T.C. 206 (1988); Guerrero v.                       
          Commissioner, T.C. Memo. 2001-44 (“In order to increase the basis           
          in the indebtedness of an S corporation, there must be an                   
          economic outlay on the part of the shareholder.”).  An economic             
          outlay for this purpose is an actual contribution of cash or                
          property by the shareholder to the S corporation or a transaction           
          that leaves the S corporation indebted to the shareholder.  Sec.            
          1366(d)(1); Estate of Leavitt v. Commissioner, supra at 423.  The           
          economic outlay must leave “‘the taxpayer poorer in a material              
          sense’” after the transaction than when the transaction began.              
          Perry v. Commissioner, 54 T.C. 1293, 1296 (1970) (quoting Horne             
          v. Commissioner, 5 T.C. 250, 254 (1945)).                                   


               7Losses in excess of basis may be carried forward to any               
          subsequent year in which a shareholder has basis in the S                   
          corporation’s stock or debt.  Sec. 1366(d)(2).                              





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