- 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011