- 10 - Respondent computed the basis of petitioner’s investment in WIS and the allowable loss for 1991 as follows: Contributions or loans, 1990 Personal credit card advances $19,500 Proceeds of personal loan 14,000 Check drawn on own account 15,000 Own funds 29,000 Basis in WIS, 1990 77,500 Loss claimed from WIS, 1990 65,169 Basis in WIS, 1991 12,331 Allowable portion of loss claimed from WIS, 1991 12,331 Basis in WIS, 1992 - 0 - Allowable portion of loss claimed from WIS, 1992 - 0 - The record does not disclose why, after concluding that there was “no basis in fact” for claiming a loss that represented a deficit in shareholder’s equity, respondent nevertheless allowed $12,331 of that loss. At trial, respondent’s counsel conceded that the pass-through loss from WIS for 1991 was allowable in excess of $12,331 to the extent that petitioners could document any additional adjusted basis of petitioner’s investment in WIS. With respect to SPS losses of $40,560 and $36,464 claimed as deductions on petitioners’ returns for 1992 and 1993, respondent determined that $879 was allowable for 1992, and no amount was allowable for 1993. The notice of deficiency does not identify the source of the $879 of stock or loan basis implied by respondent’s determination for 1992, and respondent did not offer clarification at any time in these proceedings. At trial, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011