Christopher K. and Brenda M. Cox, et al. - Page 12




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               When an S corporation shareholder is only indirectly liable            
          for a corporate debt, that shareholder has not transferred any              
          cash or property to the S corporation or created corporate                  
          indebtedness owed to him until and to the extent the shareholder            
          actually pays the debt.  Raynor v. Commissioner, 50 T.C. 762,               
          770-771 (1968).  For example, if a shareholder of an S                      
          corporation simply guarantees a corporate debt, that guaranty               
          does not constitute an economic outlay, and the shareholder is              
          not entitled to increase his basis in the S corporation as a                
          result of the guaranty.  Goatcher v. United States, supra; Estate           
          of Leavitt v. Commissioner, supra.  When, however, a shareholder            
          obtains a personal loan and transfers some or all of the loan               
          proceeds to the S corporation, he has made an economic outlay and           
          is entitled to increase his basis in the S corporation in an                
          amount equal to the amount transferred to the S corporation.  See           
          Prashker v. Commissioner, 59 T.C. 172, 176 (1972).                          
               With these principles in mind, we examine the transactions             
          that petitioner shareholders contend entitle them to an increase            
          in their S corporation bases.                                               
               A.   91850 Loan for $220,000                                           
                    1.   Basis Apportionment Among Petitioner Shareholders            
               Petitioner shareholders first contend that loan 91850 should           
          increase each of their bases because they each made an economic             
          outlay in that the loan was secured with jointly owned property.            






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