Theresa E. Brady - Page 5

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          under section 7491(a).  Barela v. Commissioner, T.C. Memo. 2004-            
          175.                                                                        
               An S corporation’s loss flows through to its shareholders on           
          a pro rata basis.  Sec. 1366(a).  Section 6037(c) requires                  
          consistent treatment between the S corporation and shareholder’s            
          returns.  It follows that adjustment to an S corporation’s loss             
          requires the adjustment to a shareholder’s pro rata share of that           
          loss.  Any remedy that petitioner may have against the water                
          company lies in State court, rather than with this Court.                   
               On this record, we conclude that petitioner’s reported pro             
          rata share of the water company’s loss should be reduced by the             
          amount determined by respondent.  Accordingly, we sustain                   
          respondent’s determination.                                                 
               Contentions we have not addressed are irrelevant, moot, or             
          without merit.                                                              
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          












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