- 5 - income, losses, and deductions on their individual tax returns. Sec. 1366(a)(1). However, a shareholder is only entitled to claim losses and deductions to the extent that they do not exceed the sum of the shareholder's adjusted basis in the corporation's stock and any indebtedness of the corporation to the shareholder. Sec. 1366(d)(1). Accordingly, petitioners must prove that they had sufficient basis in Vosburg to absorb the loss and deduction claimed. This Court has looked to section 1012 when defining "basis" for purposes of a shareholder's stock in an S corporation. See, e.g., Estate of Leavitt v. Commissioner, 90 T.C 206, 212 (1988), affd. 875 F.2d 420 (4th Cir. 1989); Borg v. Commissioner, 50 T.C. 257, 263 (1968). Section 1012 provides that "The basis of property shall be the cost of such property". In addition, the "cost" is "the amount paid for such property in cash or other property." Sec. 1.1012-1(a), Income Tax Regs. Thus, petitioners must demonstrate the requisite economic outlay necessary for shareholders to claim basis. See, e.g., Estate of Leavitt v. Commissioner, 875 F.2d at 422; Underwood v. Commissioner, 535 F.2d 309, 311 (5th Cir. 1976), affg. 63 T.C. 468 (1975). In an attempt to substantiate their basis in Vosburg, petitioners offered a series of checks written on various corporate bank accounts. One of the checks was written on the corporate bank account of Golden State Convalescent Hospitals, Inc. (GSCH), in the amount of $25,000. The check is signed byPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011