- 14 - Respondent determined the subject deficiencies in the younger Mr. Whelpley's 1987 and 1989 returns based solely on the above adjustments to his share of income from WAI. Based upon the above adjustments to WAI's taxable income, respondent also determined increases in Mr. and Mrs. Whelpley's distributable income from WAI of $106,860 in 1987 and $70,813 in 1989, computed as follows: 1987 1989 WAI's corrected income $96,711 $85,435 Distributable share, 87.5% 84,622 74,756 Section 179 deduction (8,620) (8,750) 76,002 66,006 Loss from WAI, per return 30,858 4,807 Adjustment 106,860 70,813 Respondent made the above adjustments to Mr. and Mrs. Whelpley's 1987 and 1989 returns in determining the subject deficiencies. The only issue raised at trial involved petitioners' claim that the advances made by Weeden should not have been included in WAI's income. Petitioners argued at trial that Weeden's advances constituted either an equity investment in WAI by an ineligible shareholder, or a second class of stock in WAI, which in either event terminated WAI's S corporation election. Petitioners also argued that, if the advances constituted loans from Weeden that werePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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