- 20 - because there has not been an “actual economic outlay” by the shareholder to the corporation. See, e.g., Estate of Bean v. Commissioner, supra at 558-559; Estate of Leavitt v. Commissioner, 90 T.C. 206, 211 (1988), affd. 875 F.2d 420 (4th Cir. 1989).11 Petitioners argue that funds lent directly from a shareholder to an S corporation create basis under section 1366(d), and an actual economic outlay is not required, even if other transactions offset the direct loan. Petitioners argue that an actual economic outlay is required only where there is a shareholder guaranty. Essentially, petitioners are arguing that the “form” of a direct loan from a shareholder to an S corporation is sufficient to increase basis in indebtedness under section 1366(d)(1)(B). A shareholder must make an actual economic outlay to increase basis in an S corporation, even if the shareholder has made a direct loan. Bergman v. United States, 174 F.3d 928, 932 (8th Cir. 1999); Underwood v. Commissioner, 535 F.2d 309, 311-313 (5th Cir. 1976), affg. 63 T.C. 468 (1975). Indeed, in Bergman v. United States, supra at 933, the Court of Appeals for the Eighth Circuit stated: The economic outlay doctrine does not apply only to loan guarantees, but it has been used to explain that a shareholder who guarantees a bank loan to an S corporation does not create additional basis because he 11But see Selfe v. United States, 778 F.2d 769 (11th Cir. 1985).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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