Fleming G. and Sherry H. Brooks - Page 6

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          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...)           





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