Richard J. Salem and Eileen L. Salem - Page 11

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               As a result of these adjustments, respondent determined that           
          the Salems had taxable income of $74,153 for 1990.  As a result             
          of the adjustments to the Salems' income for 1990, respondent               
          determined that the net operating loss carryback to 1987 was zero           
          and increased the Salems' 1987 income by $127,465.                          
               In a statutory notice of deficiency dated March 7, 1995,               
          issued to the Saxons, respondent determined that the loss from              
          SS&N was deductible to the extent of Mrs. Saxon's basis in her              
          interest in SS&N.  Respondent further determined that her basis             
          as of January 1, 1990, was $29, and that the Saxons' taxable                
          income, therefore, was increased by $24,542.                                
                                       OPINION                                        
          1.   Claimed Net Operating Loss Deduction                                   
               Section 1366(d)(1) permits an S corporation shareholder to             
          deduct a proportionate share of the corporation's net operating             
          loss to the extent that the loss does not exceed the sum of the             
          adjusted basis of the shareholder's stock in the corporation and            
          any indebtedness of the S corporation to the shareholder.                   
               Petitioners argue that the bank looked primarily to Mr.                
          Salem and Mrs. Saxon for repayment of the loans at issue.                   
          Petitioners contend that the bank in substance made the loans to            
          Mr. Salem and Mrs. Saxon, and they in turn made loans to SS&N.              
          Petitioners conclude, therefore, that the loans constituted                 
          indebtedness of the S corporation to its shareholders.                      





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