- 23 - Taxable Year 1993 Since the foregoing computations confirm respondent’s determination that petitioner had no investment basis remaining in SPS after the pass-through adjustments for 1992, we sustain respondent’s disallowance of the $36,464 deduction claimed for petitioner’s share of losses attributable to SPS for 1993. 3. Conclusion We have concluded that petitioners’ taxable income for 1991 was $20,515 lower than the amount determined by respondent. Petitioners are entitled to the resulting reduction of the deficiency for that year, to be determined in a Rule 155 computation. Petitioners have not persuaded us that the deficiency determinations for 1992 and 1993 are erroneous. Neither party provided a coherent analysis of the tax consequences of the business reincorporation transaction: Respondent’s position seems to be either that there was in fact no such transaction or that it had no effect on petitioners’ tax liability; petitioners contended that the transaction created basis in petitioner’s SPS stock, but did not acknowledge the tax cost of acquiring that basis. Consequently, in sustaining respondent’s determinations for 1992 and 1993, we have necessarily relied upon a legal analysis that was neither pleaded nor argued by the parties. A deficiency determination may be sustained upon any legal ground that supports it, even though the grounds relied upon byPage: 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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