- 6 - corporations. See sec. 1012. Distributions by S corporations without accumulated earnings and profits, on the other hand, decrease the shareholders’ bases in their stock in the corporations. See sec. 1367(a)(2)(A). Under section 165, taxpayers may take deductions for losses sustained in sales or exchanges of capital assets and for worthless securities. See sec. 165(a), (f), and (g). Such losses and deductions are limited, however, to the extent prescribed by the Code. Taxpayers other than corporations may offset capital gains by capital losses. See sec. 1211(b). Capital losses in a given year are limited by the amount of the capital gains plus $3,000. See id. In addition, taxpayers are allowed flow-through losses and deductions in connection with S corporations only to the extent of their adjusted bases in the S corporations. Individual taxpayers may carry over excess capital losses to subsequent years. See sec. 1212(b). In this case, the evidence does not adequately establish petitioner’s tax bases in, or the worthlessness of, petitioner’s stock in the S corporations to entitle petitioner to the losses claimed. Although the payments petitioner made on behalf of his S corporations would increase petitioner’s bases in the stock of the S corporations, petitioner has not adequately established his bases in the stock. For example, petitioner has not established whether the $148,574 purported corporate loan to petitioner wasPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011