Eli T. Sleiman, Jr. and Janie L. Sleiman, et al. - Page 15

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          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 Basis                                                         




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