- 10 - prorated annual lease value of the corporate automobile she drove in 1994 and 1995 in her income for those years. Lastly, respondent determined that Christopher, Gregory, and their spouses are each liable for an accuracy-related penalty for 1994 under section 6662(a) and (b)(1) (for negligence or disregard of rules or regulations) and that Deborah and her spouse are liable for an accuracy-related penalty for 1995 under section 6662(a) and (b)(2) (for substantial understatement). OPINION I. Petitioners’ Bases in Cox Tomato The primary issue for consideration is whether petitioner shareholders had sufficient bases in their Cox Tomato stock and in any indebtedness owed by Cox Tomato to them to deduct their distributive shares of Cox Tomato’s losses for the years at issue. Respondent determined that the amount of Cox Tomato’s losses petitioner shareholders could deduct was limited by their adjusted bases in Cox Tomato at the end of 1993. Petitioner shareholders contend that certain transactions in which they participated increased their bases in Cox Tomato under section 1366(d)(1), thereby allowing petitioners to deduct a larger portion of Cox Tomato’s losses. A shareholder of an S corporation may deduct his pro rata share of any loss sustained by the corporation. Sec. 1366(a). APage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011