- 17 - 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).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