- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011