- 6 - million advance provided sufficient basis to offset the $1.6 million repayment on January 3, 2000, in addition to allowing recognition of Messrs. Brooks’s pro rata share of losses for 2000. A lender recognizes income to the extent that repayment of the debt exceeds the lender’s basis in the debt. See sec. 1001(a), (c). Because a lender generally takes a basis equal to the face amount of the debt, a repayment generally does not generate taxable income to the lender. See secs. 1001(a), 1011(a), 1012. However, taxable income may result from the repayment of a debt if the lender’s basis in the debt is reduced from the face amount. See sec. 1001(a). If a shareholder advances money to an S corporation and the shareholder’s pro rata share of S corporation losses exceeds the shareholder’s basis in the stock of the S corporation, a reduction in the basis of a debt may occur. See sec. 1367(b)(2)(A); sec. 1.1367-2(b), Income Tax Regs. A shareholder of an S corporation must take into account the shareholder’s pro rata share of the S corporation’s items of income, loss, deduction, and credit.5 Sec. 1366(a)(1). Items of 5SEC. 1366(d). Special Rules for Losses and Deductions.-- (1) Cannot exceed shareholder’s basis in stock and debt.-- The aggregate amount of losses and deductions taken into account by a shareholder under subsection (a) for any taxable year shall not exceed the sum of-- (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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