- 2 - party made to the S corporation. Resolving this issue depends on whether petitioner made an economic outlay regarding this loan to allow petitioner to increase his basis in the S corporation. We hold that he did not. FINDINGS OF FACT The parties have stipulated some facts. The stipulation of facts and the accompanying exhibits are incorporated by this reference and are so found. Petitioner is the sole shareholder of several S corporations involved in the propane gas industry. One S corporation, Level Propane, Petroleum & Gases Co., an Ohio corporation (Level Propane),1 generated the losses petitioner claimed as passthrough deductions in this case. Level Propane provided propane gas to rural areas in Ohio initially, then expanded into neighboring States. At its peak, Level Propane provided propane gas and services to customers in 14 States and had about 600 employees who generated approximately $18 million in annual revenues. Level Propane required increasingly large infusions of capital to sustain its growth. Level Propane’s capital needs were funded initially with transfers from various S corporations in which petitioner owned all the shares. Eventually Level Propane obtained financing from commercial lenders. The specific 1Neptune Propane, Inc., merged into Level Propane during 1993. Throughout this opinion references to Level Propane will include Neptune to the extent relevant.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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