- 7 - does not establish that petitioner had any other such sales of stock during the relevant year. In that petitioner has not disproved respondent’s determination that his stock proceeds are taxable in full, with the exception of our findings above as to basis, that those proceeds were the only sales proceeds received by petitioner during the subject year, and that petitioner’s gains and losses from his stock sales were short-term capital gains and losses, we sustain respondent’s determination as to this issue. 4. Loss From Only Kids The pro rata share of an S corporation’s loss passes through to its shareholders. Sec. 1366(a)(1). A shareholder may deduct such a loss to the extent that it does not exceed the shareholder’s adjusted basis in (1) the shareholder’s stock in the corporation plus (2) any debt owed by the corporation to the shareholder. Sec. 1366(d)(1). A taxpayer such as petitioner must establish that he has acquired basis in the referenced stock and debt and, to the extent that he does, that his basis in those items was not reduced to zero because of losses claimed in years predating the subject year. Hogan v. Commissioner, T.C. Memo. 1999-365. Taxpayers who fail to prove that they have any basis in an S corporation are considered to have a zero basis in that corporation. Thomson v. Commissioner, T.C. Memo. 1983-279, affd. without published opinion 731 F.2d 899 (11th Cir. 1984).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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