- 28 - 1504 of the 1954 Code [1504(a) of the 1986 Code] and stated in part: Since neither * * * [the taxpayer] nor Branch was connected through stock ownership with a common parent, the basic requirement of section 1504 has not been met. * * * [The taxpayer] and Branch were not members of an affiliated group under section 1504 and therefore were not entitled to file a consolidated return under section 1501. * * * [Id. at 1122.] For the same reason, we reject Kolonaki's argument here. In sum, Kolonaki is a separate legal entity from Georgiou and JAI. Kolonaki never held record title to JAI stock, and Georgiou was not Kolonaki's agent. Kolonaki did not present any credible documentation that would substantiate Kolonaki's beneficial ownership of JAI stock as of the controlling date. We conclude, therefore, that Kolonaki did not have beneficial ownership of JAI stock as required by the "directly owned" provision in section 1504(a). We sustain respondent's determination that Kolonaki is not entitled to file a consolidated return with JAI; therefore, Kolonaki cannot deduct a loss from JAI on its 1990 tax return. II. Georgiou Georgiou asserts that the advances from Kolonaki's Account 121--Loan to Shareholder were nontaxable loans that he intended to repay. Respondent contends that the advances were taxable distributions, i.e., dividends, that were includable in Georgiou's taxable income. Respondent argues that, at the timePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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