Reginald Maurice Wise and Shannon Rae Wise - Page 28

                                        - 28 -                                         
          pars. B-1, C-1, and E-2-a, above.  Wise made journal entries in              
          WRI's books and records stating that there had been payment and              
          simultaneous "loan backs".  However, in reality, WRI never parted            
          with or received back any fees.  No notes were issued for the                
          "loan backs", the "loan backs" were not secured by any                       
          collateral, there was no repayment schedule, and no collection               
          activity was ever attempted.  Thus, for the reasons discussed at             
          par. E-2-a, above, regarding the Hersco mortgage payment "loan               
          backs", there was no economic outlay by Wise to WRI, and Wise                
          cannot increase his basis as a result of his management fee "loan            
          backs".  We agree with respondent on this issue.                             
               3.   Intent Loan and Wesco's Loan                                       
               In December 1996, Westfield lent $1.1 million to Intent (the            
          Westfield loan), secured by land Intent owned.  Shortly                      
          thereafter, Intent lent to WRI about $797,344 of the proceeds                
          from the Westfield loan, in exchange for a note from WRI.  Wise              
          and Eicher claimed that their bases in WRI increased by $229,834             
          and $505,635, respectively, as a result of Intent's loan to WRI.             
          They also claimed that their bases in WRI increased by $392,276              
          and $588,413, respectively, as a result of loans Wesco made to               
          WRI.  Respondent contends that neither Wise nor Eicher may                   
          increase his basis in WRI as a result of either Intent's or                  
          Wesco's loans to WRI because none of those loans was a debt of               
          the S corporation that ran to Wise or Eicher as required by                  
          section 1366(d)(1)(B).  Petitioners disagree and argue that both             




Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011