- 11 - In Selfe, the Court of Appeals for the Eleventh Circuit concluded that “under the principles of Plantation Patterns, a shareholder who has guaranteed a loan to a Subchapter S corporation may increase her basis [in her stock in the S corporation] where the facts demonstrate that, in substance, the shareholder has borrowed funds and subsequently advanced them to her corporation.”2 Selfe v. United States, supra at 773. On brief respondent argues that petitioner has made no capital contribution to the corporation since petitioner has made no “actual economic outlay”: It is a well established principle that a shareholder who guarantees the debt of a subchapter S corporation is not entitled to an increase in basis by the amount of the guaranteed loan. Goatcher v. United States, 944 F.2d 747 (10th Cir. 1991); Underwood v. Commissioner, 63 T.C. 468 (1975). Courts in almost every case that have dealt with this issue, have held that a shareholder who guarantees a debt of a subchapter S corporation must sustain some economic outlay. Absent an economic outlay a shareholder is not entitled to an increase in basis. Estate of Leavitt v. Commissioner, 90 T.C. 206 (1988). IV. Discussion A. Introduction It is often necessary to determine whether a particular interest in a corporation is to be treated for Federal income tax 2 The Court of Appeals for the Eleventh Circuit treated Plantation Patterns, Inc. v. Commissioner, 462 F.2d 712 (5th Cir. 1972), as precedential, based on Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (Court of Appeals for the Eleventh Circuit adopted as precedent decisions of the Court of Appeals for the Fifth Circuit rendered prior to Oct. 1, 1981).Page: 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