Larry W. and Cynthia J/ Van Wyk - Page 4




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          increased in the amounts of $252,503, $438,811, $115,230, and               
          $165,277 for the taxable years 1988, 1991, 1992, and 1993,                  
          respectively, on account of the disallowance of petitioners'                
          deductions of West View's losses for those years.  Additionally,            
          respondent determined that, for 1993, petitioners' income should            
          be increased by $93,239, on account of the disallowance of                  
          petitioners' deduction of West View's loss for the 1991 taxable             
          year, which petitioners carried forward to 1993.  Finally,                  
          respondent determined that petitioners are liable for a                     
          substantial understatement penalty pursuant to section 6662 for             
          taxable years 1991, 1992, and 1993.                                         
          Discussion                                                                  
               We have been asked to resolve whether petitioner is at risk            
          with respect to the loan.2  Petitioners argue that petitioner               
          should be considered at risk with respect to the loan pursuant to           
          section 465(b)(1)(A).  Additionally, petitioners argue that                 
          petitioner should be considered to be at risk with respect to               
          the loan pursuant to section 465(b)(1)(B).  Specifically,                   




          2    The parties have stipulated the losses which petitioners               
          will be entitled to deduct in accordance with our decision as to            
          whether petitioner is at risk with respect the loan.                        
          Accordingly, other than the penalty issue discussed below, this             
          is the only issue which we are called upon to decide.  The                  
          parties also agree that the at-risk determination is to be made             
          at the shareholder level and not at the S corporation level.                





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