- 4 - exceed $100,000 in the case of a husband and wife filing a joint return. Sec. 1244(b)(2). The term "section 1244 stock" generally means stock of a qualifying domestic small business corporation that was issued for money or other property (other than stock or securities). Sec. 1244(c). The Commissioner is empowered to prescribe regulations necessary to carry out the purposes of section 1244. Sec. 1244(e). Pursuant to that authority, the Commissioner issued regulations requiring a taxpayer to have records sufficient to establish that the taxpayer satisfies the requirements of section 1244 and is entitled to the loss claimed. Sec. 1.1244(e)-1(b), Income Tax Regs. In order to substantiate an ordinary loss deduction claimed by its shareholders, a corporation should maintain records that show the persons to whom the stock was issued, the date of issuance to these persons, and a description of the amount and type of consideration received from each person. Sec. 1.1244(e)- 1(a)(2), Income Tax Regs. There are other requirements that we need not detail here. We have held that strict compliance with the requirements of section 1244 and the regulations thereunder is necessary to obtain the benefits of the section. Mogab v. Commissioner, 70 T.C. 208, 212 (1978); Gubbini v. Commissioner, T.C. Memo. 1996-221.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011