Christopher K. and Brenda M. Cox, et al. - Page 13




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          Respondent contends that neither Gregory nor Deborah made an                
          economic outlay with regard to loan 91850.                                  
               Petitioner shareholders’ argument depends upon a faulty                
          premise.  Petitioner shareholders contend that although                     
          Christopher and Brenda purchased the warehouse and titled it in             
          their names, Christopher and Brenda actually held the warehouse             
          as nominees for the three siblings.  Because the warehouse was              
          used as security for the loan, petitioner shareholders argue                
          that, as the legal and/or equitable owners of the warehouse, they           
          are entitled to increase their respective bases in Cox Tomato by            
          the amount of the loan.                                                     
               Whether petitioner shareholders jointly owned the warehouse            
          is not controlling here.  A shareholder who uses individually               
          owned property to secure corporate debt has not necessarily made            
          an economic outlay requiring an increase in his adjusted basis              
          under section 1366(d)(1).  Perry v. Commissioner, supra at 1296;            
          Raynor v. Commissioner, supra at 770-771; Guerrero v.                       
          Commissioner, supra.  Economic outlay requires a contribution of            
          cash or property in exchange for the stock of the corporation or            
          the creation of an indebtedness owed by the corporation to the              
          shareholder.  Estate of Leavitt v. Commissioner, supra at 422-              
          423.  As we stated in Raynor v. Commissioner, supra at 770-771:             
               No form of indirect borrowing, be it guaranty, surety,                 
               accommodation, comaking or otherwise, gives rise to                    
               indebtedness from the corporation to the shareholders                  
               until and unless the shareholders pay part or all of                   





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