Jerry L. Thomas and Freda Thomas - Page 17




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          to invest in the S corporation.  The Court found that the S                 
          corporation recorded the funds received as a loan from the                  
          shareholder and that the disbursing C corporation reported the              
          funds disbursed as a loan to the shareholder.                               
               Here, each of the disputed transactions involved a third               
          party providing funds to Ram.  In order to determine whether any            
          of these transactions increased Jerry’s basis in Ram, we examine            
          each transaction individually.                                              
          1995 Disputed Items                                                         
               The November Inter-Con Payment                                         
               Inter-Con is a C corporation that is wholly owned by Jerry.            
          The record does not disclose credible evidence that supports a              
          finding that the $60,000 Ram received was a loan from Jerry.  In            
          fact, Inter-Con’s 1995 trial balance records a $60,000 receivable           
          from Ram and shows no evidence of any loans to shareholders.4               
               Petitioners rely, in part, on a $60,000 promissory note                
          purportedly executed by Ram in favor of Jerry on November 11,               
          1995, to support a proposed finding that the November Inter-Con             
          payment created a direct indebtedness to Jerry.  We give no                 
          weight to this note.  It predates the November 16, 1995,                    


               4 The general ledgers of TSI and Inter-Con for the relevant            
          years were not introduced into evidence.  Petitioners’ failure to           
          introduce these records into evidence leads us to conclude that             
          the records would have treated the disputed transactions as                 
          intercompany loans rather than as loans from Jerry.  Wichita                
          Terminal Elevator Co. v. Commissioner, 6 T.C. 1158 (1946), affd.            
          162 F.2d 513 (10th Cir. 1947).                                              





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