Christopher A. Boyko and Roberta A. Boyko - Page 8

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          consideration paid by the shareholder on the issuance of the                
          stock must be money or other property.  Sec. 1244(c)(1).                    
          Respondent does not challenge whether TIC was a "small business             
          corporation" for purposes of section 1244, but instead focuses on           
          the consideration petitioner provided for the TIC shares.                   
               Petitioner stipulates that he did not contribute money or              
          other property to TIC in exchange for his shares of TIC stock.              
          Therefore, petitioner is not entitled to section 1244 treatment             
          for his original basis in the TIC stock.  Petitioner did,                   
          however, transfer thousands of dollars to Mr. Kelley, the                   
          President of TIC, for the benefit of TIC.  Although petitioner              
          did not receive any additional shares for his transfers to Mr.              
          Kelley, he argues that these transfers could be considered                  
          capital contributions which would increase his basis in his                 
          TIC/Multilogic stock.  Petitioner's section 1244 stock loss                 
          claimed on his return apparently included these transfers.                  
               Section 1244 provides that the increase in basis resulting             
          from a contribution to capital "shall be treated as allocable to            
          stock which is not section 1244 stock."  Sec. 1244(d)(1)(B).                
          This statutory rule applies to any increase in basis, however               
          effected.  Bledsoe v. Commissioner, T.C. Memo. 1995-521.                    
          Accordingly, petitioner is not entitled to section 1244 loss                








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