- 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 CorporationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011