113 T.C. No. 29 UNITED STATES TAX COURT LARRY W. AND CYNTHIA J. VAN WYK, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 15467-97. Filed December 21, 1999. P and L each own 50 percent of the stock in W, an S corporation engaged in the business of farming. P and his wife borrowed funds from L and his wife. On the same day, P transferred to W funds equal in amount to the loan from L and his wife. Part of the funds P transferred to W paid off preexisting debts P owed to W, and the remainder represents a new debt from W to P (the loan). R determined that P is not at risk with respect to the loan to W and disallowed P’s share of W’s losses. 1. Held: Pursuant to sec. 465(a), I.R.C., P is not at risk with respect to the loan. The at-risk treatment of amounts borrowed by a taxpayer and contributed to an activity is governed by sec. 465(b)(1)(B), I.R.C. P is not considered to be at risk with respect to the loan because sec. 465(b)(3)(A), I.R.C., bars at-risk treatment with respect to amounts that are borrowed from a person with a prohibited interest in the activity, and L’s equity interest isPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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