Thomas E. Hogan, III and Sheila M. Hogan - Page 5




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          losses described in section 1366(a), and, under section                      
          1367(b)(2)(A), a taxpayer's basis in any indebtedness of the                 
          corporation is similarly reduced after the shareholder's basis in            
          the stock is exhausted.                                                      
               Petitioner here is faced with two problems.  First, he must             
          establish his bases in his stock and in the indebtedness of the              
          corporation to him.  Second, he must establish that his bases in             
          these items had not been reduced to zero because of losses                   
          claimed in prior years.                                                      
               Even if we view the record most charitably in petitioner's              
          favor, petitioner cannot establish that he had any bases                     
          remaining in his stock or in the indebtedness of the corporation.            
          Turning first to the debt, we start with the claim that the                  
          amount of the loans represented by the notes totaled                         
          approximately $52,000.  But, it is clear that the $5,500 notes of            
          August 15 and November 7, 1985, and the $3,000 note of January 8,            
          1987, were renewals of earlier notes.  In addition, $1,450 of a              
          $3,450 note of November 7, 1985, was used to repay an earlier                
          loan from the bank.  The maximum advanced to the corporation                 
          would have been $36,550 ($52,000 minus $15,450).  We also know               
          that before 1990, petitioner was repaid $36,000.  Petitioner's               
          basis in his loans to EBS, therefore, could not have been more               
          than $550.                                                                   








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