Estate of Alton Bean - Page 7




                                                - 7 -                                                  
                  Petitioners herein contend that they are entitled to                                 
            increase their tax bases in the Corporation's indebtedness to the                          
            Bank of Amity, to the extent they personally guaranteed and                                
            secured such indebtedness.  Petitioners rely heavily on Selfe v.                           
            United States, supra.  In that case, a bank made a loan to a                               
            taxpayer individually, and the taxpayer secured the loan by a                              
            pledge to the bank of shares of stock in a corporation.  When the                          
            taxpayer later incorporated a business, the above loan was                                 
            converted into a loan to the new corporation, accompanied by the                           
            taxpayer's guaranty of the corporation's repayment of the loan to                          
            the bank.                                                                                  
                  The Court of Appeals for the Eleventh Circuit held that,                             
            although shareholder guaranties of subchapter S corporate                                  
            indebtedness generally will not increase the shareholder’s tax                             
            basis in the corporation, a narrow exception may exist “where the                          
            facts demonstrate that, in substance, the shareholder has                                  
            borrowed funds and subsequently advanced them to * * * [the]                               
            corporation.”  Id.  Because material facts remained in dispute,                            
            in Selfe, the Court of Appeals remanded the case to the trial                              
            court to evaluate whether the loan from the bank should be                                 
            treated in reality as a loan to the taxpayer and then to the                               
            S corporation.                                                                             
                  By contrast, in the instant cases, the Bank of Amity                                 
            extended funds directly to the Corporation, and the Corporation                            






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