- 12 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011