Gary and Janet Luiz - Page 5

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          206 (1988); Spencer v. Commissioner, 110 T.C. 62, 83-84 (1998),             
          affd. without published opinion 194 F.3d 1324 (11th Cir. 1999);             
          Perry v. Commissioner, 54 T.C. 1293, 1296 (1970), affd. 27 AFTR             
          2d 71-1464, 71-2 USTC par. 9502 (8th Cir. 1971); Raynor v.                  
          Commissioner, 50 T.C. 762, 770-771 (1968).                                  
               Petitioners bear the burden of proof.2  Rule 142(a)(1).                
          B.   Whether Selfe v. United States Controls This Case                      
               Petitioners rely on Selfe v. United States, 778 F.2d 769,              
          772-774 (11th Cir. 1985), in which the U.S. Court of Appeals for            
          the Eleventh Circuit held that, in certain circumstances, a                 
          shareholder's basis in S corporation stock includes the amount of           
          the shareholder’s guaranty of a loan to the S corporation, even             
          though the shareholder has not satisfied any of the obligation.             
          Id. at 774.                                                                 
               We have previously stated our disagreement with the                    
          reasoning in Selfe v. United States, supra.  Estate of Leavitt v.           
          Commissioner, 90 T.C. 206, 216 (1988), affd. 875 F.2d 420 (4th              
          Cir. 1989).  Even if we had not done so, we disagree with                   
          petitioner’s contention that the circumstances in this case are             
          similar to those in Selfe.                                                  




               2  Petitioners do not contend that respondent bears the                
          burden of proof under sec. 7491.  Taxpayers bear the burden of              
          proving that the requirements under sec. 7491(a) are met.  H.               
          Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747, 993; S.                
          Rept. 105-174, at 45 (1998), 1998-3 C.B. 537, 581.                          




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