Timothy L. and Jane Williams - Page 9

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               On their joint Federal income tax return for 1992,                      
          petitioners reported income attributable to WIS in the amount of             
          $6,777 and a loss attributable to SPS in the amount of $40,560.              
          They also claimed a $129,972 deduction for “other losses”.  The              
          copy of petitioners’ return for 1992 that was submitted in                   
          evidence does not disclose how the “other losses” were computed.             
          It appears, however, that this figure simply represents the                  
          $136,748 deficit in shareholder’s equity of WIS reported for 1991            
          reduced by $6,777 of income earned by WIS in 1992.                           
               On their joint Federal income tax return for 1993,                      
          petitioners reported a $36,464 loss attributable to SPS.                     
               The notice of deficiency explained respondent’s                         
          determination regarding the losses claimed from WIS for 1991 and             
          1992 as follows:                                                             
               1.e.  The deductions of $136,748.00 and $129,972.00                     
               shown on your returns for the respective taxable years                  
               ended December 31, 1991, and 1992, as “other losses”                    
               are not allowable because no basis in fact for such                     
               “other losses” exists (See explanation 1.f.).  * * *                    
               1.f.  S corporation losses are limited by section 1366                  
               of the Internal Revenue Code to the extent of your                      
               basis in stock in the S corporation and your adjusted                   
               basis of any indebtedness of the S corporation to you.                  
               Accordingly, it is determined that losses in the                        
               amounts of $136,748.00 and $129,972.00[4] from Williams                 
               Investigative and Security Services, Inc., are                          
               allowable only to the extent of $12,331.00 for the                      
               taxable year ended December 31, 1991.  * * *                            
                                                                                      


               4 At trial and on brief, respondent’s counsel mistakenly                
          treated this amount as attributable to SPS.                                  



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