110 T.C. No. 6 UNITED STATES TAX COURT ST. CHARLES INVESTMENT CO., BURTON C. BOOTHBY, TAX MATTERS PERSON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 5793-96. Filed February 5, 1998. Prior to Jan. 1, 1991, X was a closely held C corporation, which incurred passive activity losses (PAL's) giving rise to suspended PAL's pursuant to sec. 469, I.R.C. A portion of the suspended PAL's was attributable to depreciation. X reduced the bases of the properties used in the passive activities by the amounts of such depreciation. X elected S corporation status as of Jan. 1, 1991. During 1991, it disposed of several of the passive activities and calculated the gain (loss) from those dispositions using the bases of the properties involved as reduced by the depreciation. X used suspended PAL's allocable to the sold activities which had arisen prior to 1991, in calculating its taxable income for 1991. Held, sec. 1371(b)(1), I.R.C., precludes X from using its suspended PAL's in 1991, an S corporation year. Held, further, X may not recompute the bases of the sold properties to include amounts representing the portions of the suspended PAL's attributable to depreciation.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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