Christopher K. and Brenda M. Cox, et al. - Page 10




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          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).  A           






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