- 10 - claimed losses. Respondent disallowed the losses in full and made other computational adjustments resulting from this determination. Petitioners’ 1989 and 1990 Federal income tax returns were due, with extensions, on October 15, 1990, and August 15, 1991, respectively. Petitioners filed those returns on December 13, 1990, and September 5, 1991, respectively. OPINION We decide whether petitioner may increase his basis in Schanno under section 1366(d) by the $1.2 million purchase price of his participation interests in the Schanno note and the Schanno credit note. Respondent argues that petitioner received no basis on account of his participation interests because the Grojean note and the Grojean credit note were disguised guaranties, and petitioner did not make the requisite economic outlay. Alternatively, respondent argues that the Grojean note and the credit note were an integral part of interrelated transactions having no independent economic substance. We agree with respondent that petitioner functioned as if he were a guarantor of Schanno’s indebtedness to American, and petitioner is not entitled to a basis increase for the guaranty. Section 1366(a) requires a taxpayer to take into account the pro rata share of income, losses, and deductions of an S corporation of which the taxpayer is a shareholder. The lossesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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