"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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011