- 4 - On their Schedules E (Supplemental Income Schedule) for 1985 through 1988, petitioners claimed the following losses from Vosburg: Year Loss Claimed 1985 $ 19,886 1986 48,142 1987 94,469 1988 129,083 OPINION Petitioners claimed an ordinary loss deduction of $129,083 as their portion of Vosburg's operating loss for the taxable year 1988. They also claimed a deduction pursuant to section 1793 of $3,057 as a result of their stock ownership in Vosburg. Respondent disallowed both of these deductions. Respondent's determinations are presumed correct, and petitioners bear the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). A "small business corporation" under subchapter S of the Internal Revenue Code (S corporation) is not normally subject to corporate income tax. Sec. 1363(a). Shareholders include their pro rata share of the corporation's 3Sec. 179 permits a taxpayer who purchases tangible, personal, depreciable property for use in the active conduct of a trade or business to expense up to $10,000 of the cost of the property placed in service in any year. Sec. 179(a), (b), (d). However, the amount of the deduction cannot exceed the taxpayer's aggregate amount of taxable income (disregarding sec. 179) from the active conduct of any trade or business. Sec. 179(b)(3)(A).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011