- 14 - (3) the guarantors contributed such sums to the capital of the corporation, and (4) such contribution by petitioner resulted in an increase in petitioner’s adjusted basis in his stock under section 1012.5 Therefore, argue petitioners, petitioner had an adequate basis under section 1366(d)(1)(A) to allow him to deduct the losses. Petitioners specifically disclaim that they are asking us to find that the guaranty increased any indebtedness of the corporation to petitioner (which would bring into operation section 1366(d)(1)(B)). 5 Petitioners do not cite, but apparently rely on, sec. 1.118-1, Income Tax Regs., to establish a cost basis in petitioner’s shares on account of such deemed capital contribution. In pertinent part, sec. 1.118-1, Income Tax Regs., provides: Contributions to the capital of a corporation.-–* * * if a corporation requires additional funds for conducting its business and obtains such funds through voluntary pro rata payments by its shareholders, the amounts so received being credited to its surplus account or to a special account, such amounts do not constitute income, although there is no increase in the outstanding shares of stock of the corporation. In such a case the payments are in the nature of assessments upon, and represent an additional price paid for, the shares of stock held by the individual shareholders, and will be treated as an addition to and as a part of the operating capital of the company. * * * [Emphasis added.]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