Gary and Janet Luiz - Page 6

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               The taxpayer in Selfe borrowed funds in her individual                 
          capacity and pledged her personal assets as collateral.  Id. at             
          770.  She later formed an S corporation and advanced the borrowed           
          funds to the corporation.  Id.  The taxpayer’s loan was converted           
          into a loan to the corporation.  The corporation assumed the                
          liability for repayment of the loan, and the taxpayer guaranteed            
          repayment if the corporation did not repay.  The taxpayer’s                 
          personal assets continued to be collateral for the corporate                
          liability.  Id. at 771.  The U.S. Court of Appeals for the                  
          Eleventh Circuit held that shareholder guaranties of subchapter S           
          corporate indebtedness increase the shareholder's tax basis in              
          his or her stock in the corporation where, in substance, the                
          shareholder borrowed funds and advanced them to the corporation.3           
          Id.  Unlike Selfe, there is no evidence in this case that                   
          petitioner personally borrowed funds and then advanced those                
          funds to Green Valley or that he pledged personal assets as                 
          collateral or that creditors of Green Valley looked primarily to            
          him for repayment.  We conclude that Selfe v. United States,                
          supra, is distinguishable and does not control this case.4                  

               3  Because material facts in Selfe v. United States, 778               
          F.2d 769 (11th Cir. 1985), remained in dispute, the U.S. Court of           
          Appeals for the Eleventh Circuit remanded the case to the trial             
          court to evaluate whether the loan from the bank should be                  
          treated in reality as a loan to the taxpayer and then to the S              
          corporation.                                                                
               4  Because Selfe does not control here, we need not decide             
                                                             (continued...)           





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