- 12 - corporate stock is equal to the amount paid for the stock. Estate of Leavitt v. Commissioner, 90 T.C. 206, 212 (1988), affd. 875 F.2d 420 (4th Cir. 1989); Uri v. Commissioner, T.C. Memo. 1989-58, affd. 949 F.2d 371 (10th Cir. 1991); sec. 1.1012-1(a), Income Tax Regs. Section 1016(a)(1) generally provides that the basis of property shall be adjusted for items properly chargeable to a capital account. A shareholder's basis in the shares of stock of a corporation is increased by any additional contributions to the capital of the corporation made after the acquisition of the shares. Sec. 1.118-1, Income Tax Regs.5 The resolution of this issue depends on whether Eli's and Peter's personal guaranties may be treated as capital contributions which increase their adjusted bases in their shares of stock in REE and TNE. Ordinarily, taxpayers are bound by the form of the transaction they have chosen and may not in hindsight recast the transaction to obtain tax advantages. Don E. Williams Co. v. Commissioner, 429 U.S. 569, 579-580 (1977); Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148-149 (1974). After reviewing the loan documents submitted into evidence in these cases, and having considered the testimony of Peter 5 This rule applies in addition to the basis adjustments specific to S corporation shareholders. Sec. 1.1367-1(a)(2), Income Tax Regs.; see secs. 1016(a)(17), 1367(a).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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