Jerry L. Thomas and Freda Thomas - Page 15




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               To prevail in this case, petitioners must prove that Jerry,            
          as opposed to one of his entities, invested in Ram.  E.g.,                  
          Prashker v. Commissioner, supra at 176 (where the estate of which           
          the taxpayer was executrix and the sole beneficiary advanced                
          funds to an S corporation of which she was a 50-percent                     
          shareholder, the Court noted that “the key question is whether or           
          not the debt of the corporation runs ‘directly to the                       
          shareholder’”).  In other words, petitioners must prove that they           
          made the economic outlay and that the disputed transactions                 
          created indebtedness on the part of Ram that ran directly to                
          Jerry.  Id. (“a shareholder could borrow the money personally and           
          then loan the money to the corporation.  In that event the                  
          corporation’s debt would run directly to the shareholder”);                 
          accord Hitchins v. Commissioner, 103 T.C. 711, 715 (1994) (where            
          the Court stated that an indebtedness to an entity with                     
          pass-through characteristics that had advanced the funds to the S           
          corporation and was closely related to the taxpayer generally did           
          not satisfy the statutory requirements necessary to increase a              
          shareholder’s basis).                                                       
               In a limited number of situations, the fact that the                   
          borrowed funds originate with a closely related entity will not             
          preclude a finding that the indebtedness of the S corporation               
          runs directly to the shareholder and amounts to an economic                 
          outlay by the shareholder.  See Culnen v. Commissioner, T.C.                






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