Donald G. and Beverly J. Oren - Page 17




                                       - 17 -                                         
          On December 6, 1999, respondent issued a notice of deficiency for           
          taxable years 1993, 1994, and 1995 in which he determined:                  
               7.A. Loss on Highway Leasing                                           
               The deductions of $4,000,000, $4,614,944, and                          
               $5,605,248, shown on your returns for the taxable years                
               1993, 1994, and 1995, respectively, as losses from                     
               Highway Leasing are not allowable for 1993 and 1994 and                
               is reduced by $4,785,056 for 1995 because the loans                    
               from Dart Transit through Donald Oren to Highway                       
               Leasing and then back to Dart Transit do not create                    
               indebtedness and at-risk basis.  Accordingly, your                     
               taxable income is increased $4,000,000 for 1993,                       
               $4,614,944 for 1994, and $4,785,056 for 1995.                          
               7.B. Loss on Highway Sales                                             
               The deduction of $2,046,251 shown on your return for                   
               1995 as a loss from Highway Sales is reduced by                        
               $1,900,000 because the loans from Dart Transit through                 
               Donald Oren to Highway Sales, Inc. and then back to                    
               Dart Transit do not create indebtedness and at-risk                    
               basis.  Accordingly, your taxable income is increased                  
               $1,900,000 for 1995.                                                   
                                                                                     
                                       OPINION                                        
          Issue 1                                                                     
               The first issue for decision is whether petitioners’ basis             
          in the indebtedness of two wholly owned S corporations was                  
          increased under section 1366(d) as a result of certain direct               
          loans made by petitioners to those entities.  Generally, it is              
          the burden of the taxpayer to establish his basis in the S                  
          corporation under section 1366(d).9  Estate of Bean v.                      
          Commissioner, 268 F.3d 553, 557 (8th Cir. 2001), affg. T.C. Memo.           



               9Petitioners do not argue that sec. 7491(a) applies, and it            
          is otherwise unclear when the examination by respondent                     
          commenced.  We find sec. 7491(a) is not applicable to this case.            





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011