Carl E. Jones and Elaine Y. Jones - Page 31

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            amount by decreasing the balance of the account Development                               
            maintained for recording the amounts petitioner owed Development.                         
                  At the end of Development's 1990 fiscal year, Ricks and                             
            Morrisett made journal entries in Development's books that                                
            purported to transfer $417,978 of Development's indebtedness to                           
            INI to petitioner.                                                                        
                  On Schedule L of its 1990 and 1991 U.S. Income Tax Return                           
            for an S Corporation (Form 1120S), Development reported that the                          
            1990 ending balance and the 1991 beginning balance in the account                         
            it maintained for loans that it received from petitioner was                              
            $340,916.                                                                                 
                  Development incurred losses of $53,084, $163,487, and                               
            $21,022 in 1989, 1990, and 1991, respectively.  Petitioners                               
            deducted these losses on their 1989, 1990 and 1991 returns.                               
                  Respondent determined that the balance in Development's                             
            account for loans that it received from its shareholders was not                          
            the result of an actual economic outlay; rather, the reported                             
            amount was the cumulative result in 1990 of petitioner's alleged                          
            assumptions of Development's indebtedness to petitioner's other                           
            wholly owned corporations.  Accordingly, respondent determined                            
            that petitioner did not have sufficient basis in Development to                           
            deduct the pass-through losses in 1990 and 1991.20  Specifically,                         


            20                                                                                        
                  Respondent did not determine that Development did not incur                         
            the losses.                                                                               





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