- 7 - ever repaid and whether or not that loan should be treated in substance as a corporate distribution that would have reduced petitioner’s stock bases to zero. Further, aside from his bases in the stock of the S corporations, petitioner has not established the worthlessness of such stock. The mere fact that petitioner’s S corporations had ceased operating and owed outstanding sales and employment tax liabilities does not necessarily establish the worthlessness of the related corporate stock. We conclude that petitioner is not entitled to the claimed capital losses for 1990 and 1991. With regard to the section 6651 late filing additions to tax, we find petitioner’s testimony credible and persuasive. Under the facts of this case, the disappearance of the accounting firm with many of petitioner’s and the S corporations’ business and financial records and petitioner’s significant personal and family problems constitute reasonable cause for the untimely filing of petitioner’s Federal income tax returns for the years in issue. We do not sustain respondent’s imposition of the section 6651 late filing addition to tax. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011