- 20 - of liquid funds with which to make the payment. There is no constructive receipt if the payor lacks the funds to make the payments. See par. A-1, above. Estate of Noel v. Commissioner, 50 T.C. at 706-707; Jacobs v. Commissioner, 22 B.T.A. at 1169. The mere recording of a payment on the books of Hersco is not receipt. See sec. 1.451-2(a), Income Tax Regs. There was no constructive receipt by Eicher. Thus, the $77,122 is not includable in Eicher's 1988 gross income. We agree with petitioners on this issue. D. Wise's and Eicher's Basis in WRI Respondent contends that petitioners may not deduct pass- through losses from WRI for 1988 because Wise and Eicher each had a zero basis in WRI as of July 31, 1987, and each made net contributions to WRI of only $9,909 and $13,701, respectively. Petitioners contend that Wise and Eicher each had enough basis in WRI in 1988 to deduct their respective pass-through losses. We agree with respondent. The amount of pass-through losses that an S corporation shareholder can deduct is limited to the sum of the shareholder's adjusted basis in his stock and the shareholder's adjusted basis of any indebtedness of the S corporation to the shareholder. Sec. 1366(d)(1). WRI had operating losses in 1986 and 1987. As of July 31, 1987, Wise and Eicher each claimed $840,617 ofPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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