- 10 - and, second, petitioner’s argument that the precedent in the Eleventh Circuit compels a different result.9 Courts have indicated that pledging personal assets is not an economic outlay sufficient to increase basis. See Harris v. United States, 902 F.2d 439, 445 n.16 (5th Cir. 1990); see also Calcutt v. Commissioner, supra at 719-720; Luiz v. Commissioner, T.C. Memo. 2004-21. But see Selfe v. United States, supra at 773 n.7. Moreover, petitioner has offered no authority, other than an ambiguous invocation of Eleventh Circuit precedent, that pledging stock might constitute an economic outlay.10 Perhaps petitioner is relying on Selfe, though he failed to cite the case at trial or in brief. This Court has previously disagreed with the analysis in Selfe. Estate of Leavitt v. Commissioner, 90 T.C. 206 (1988). Nonetheless, we find the facts in Selfe 9Presumably finding Eleventh Circuit precedent more favorable to his position, petitioner claims he resided, at the time he filed the petition, with his mother in Florida, which is in the Eleventh Circuit, rather than with his wife in Ohio, which is in the Sixth Circuit. See sec. 7482. Without deciding whether petitioner resided in the Eleventh Circuit, we focus on whether caselaw in the Eleventh Circuit would characterize petitioner’s pledge of stock as an economic outlay that would increase his basis in the S corporation. 10A footnote states that a guarantor who has pledged stock to secure a loan “has experienced an economic outlay” to the extent that the pledged stock is not available as collateral for other investments, because the guarantor has lost the time value or use of his or her collateral. Selfe v. United States, 778 F.2d 769, 773 n.7 (11th Cir. 1985). Although petitioner failed to bring this footnote to our attention, we read it in the context of the facts in Selfe, which we distinguish.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011