- 15 - limitation, petitioners deducted $100,000 in 1988 and the $96,503 remainder as an ordinary loss carryover for 1989.4 Respondent determined that petitioners' ordinary section 1244 loss deduction was limited to $7,500, which respondent contends was the amount that petitioners paid for the stock when it was issued. If a shareholder owns section 1244 stock and makes additional capital contributions and receives no additional shares of stock, then the basis in the stock increases. However, such an increase in basis "shall be treated as allocable to stock which is not section 1244 stock." Sec. 1244(d)(1)(B). Any additional contributions to capital for which one receives no additional stock are not eligible for section 1244 ordinary loss treatment. Id. The parties here agree that the stock at issue is "section 1244 stock" as defined in section 1244(c). We must decide whether petitioner's payments subsequent to the initial $7,500 were for the issuance of additional section 1244 stock or were capital contributions to be treated as "allocable to stock which is not section 1244 stock." Id. 4 At trial, petitioners acknowledged that, should they prevail on this issue, their sec. 1244 ordinary loss deduction should have been limited to $100,000 in 1988 with the balance as a capital loss carryover. See secs. 1212, 1244(b).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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