- 4 - forward.3 In 1994, petitioners used an NOL carryover of $154,971.4 In the notice of deficiency, respondent determined that the use of Narwhal’s excluded COD income to increase the basis of petitioner’s stock was improper and consequently there was insufficient basis for petitioners to use the NOL carryovers. Respondent made other adjustments to petitioners’ 1994 return based on the disallowance of the NOL’s. The parties agree that these adjustments are computational and turn on our resolution of the NOL issue. Discussion Section 1366(d) provides that the aggregate amount of losses and deductions taken into account by a shareholder of an S corporation cannot exceed the sum of: (1) The adjusted basis of the shareholder’s stock in the S corporation; and (2) the shareholder’s adjusted basis of any indebtedness of the S corporation to the shareholder. Petitioners maintain that they are entitled to increase the basis in their Narwhal stock by their distributive share of COD income and accordingly should be allowed to deduct certain NOL’s. Petitioners make no attempt to distinguish their case from 3 Petitioners carried back a total of $85,654 in suspended losses to 1990, 1991, and 1992. The remaining $991,995 was then carried forward. 4 Petitioners claimed a $164,197 NOL carryover on their amended 1994 return. We are unable to account for this discrepancy.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011