Timothy L. and Jane Williams - Page 23

                                        - 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 by              



Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011