Veronica Chu - Page 6

                                        - 6 -                                         
               B.   Loss Carryover                                                    
               Petitioner deducted a carryover of Topaz’s claimed loss for            
          1997 on her 2000 Federal income tax return.  Taxpayers are                  
          required to maintain adequate records to substantiate claimed               
          losses, and taxpayers bear the burden of proving that they are              
          entitled to claimed losses.  Sec. 6001; Rule 142(a); Welch v.               
          Helvering, 290 U.S. 111, 115 (1933).                                        
               Section 1366(a) provides, generally, that income, losses,              
          deductions, and credits of an S corporation are passed through              
          pro rata to its shareholders on their individual income tax                 
          returns.  Secs. 1363(a), 1366(a).  Section 1366(b) provides that            
          the character of each item of income is determined as if it were            
          realized directly from the source from which the corporation                
          realized it, or incurred in the same manner as it was by the                
          corporation.  A shareholder’s gross income includes a pro rata              
          share of the S corporation’s gross income.  Sec. 1366(c).  The              
          shareholder’s basis, once computed, limits the amount of losses             
          and deductions that may be taken into account by a shareholder              
          for the taxable year.  Sec. 1366(d).  Any losses and deduction              
          that the shareholder is not entitled to deduct currently are                
          carried forward.  Id.                                                       
               Petitioner submitted as evidence a document entitled                   
          “Unanimous Written Consent of the Board of Directors of Topaz               
          Group, Inc.” that listed 836,540 Topaz shares issued to                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011