- 15 - economic outlay by the shareholder. Reser v. Commissioner, 112 F.3d 1258, 1264 (5th Cir. 1997), affg. on this issue T.C. Memo. 1995-572; Goatcher v. United States, 944 F.2d 747, 751 (10th Cir. 1991); Harris v. United States, 902 F.2d 439, 445 (5th Cir. 1990); Estate of Leavitt v. Commissioner, 875 F.2d at 422; Selfe v. Commissioner, supra at 772. We find that Eli's and Peter's wholly unperformed guaranties in these cases do not meet the requirement that a shareholder make an economic outlay in order to increase his basis in his stock. As explained above, these guaranties were not tantamount to equity investments nor to shareholder loans to the corporations. Thus, it is only the actual payment by the guarantor of the guarantied obligation that constitutes an economic outlay, not the guaranty itself. Estate of Leavitt v. Commissioner, 875 F.2d at 422-423; Underwood v. Commissioner, 63 T.C. 468, 476 (1975), affd. 535 F.2d 309, 312 (5th Cir. 1976); Perry v. Commissioner, 47 T.C. 159, 163-164 (1966), affd. 392 F.2d 458 (8th Cir. 1968). In these cases, Eli and Peter did not pay any of the loans that they guaranteed and therefore did not increase their capital investments in REE and TNE. Accordingly, we hold that Eli and Peter may not increase their respective bases in REE and TNE by the principal amounts of the South Bank Trust loans. Respondent's determinations are sustained on this issue. Allocation of BasisPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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