- 24 - An extensive body of caselaw establishes applicable principles in various loan situations involving S corporations and their shareholders. Fundamentally, a shareholder may obtain or increase basis in an S corporation only if there is an economic outlay on the part of the shareholder that leaves him or her “‘poorer in a material sense.’” Perry v. Commissioner, 54 T.C. 1293, 1296 (1970) (quoting Horne v. Commissioner, 5 T.C. 250, 254 (1945)), affd. without published opinion 27 AFTR 2d 1464, 71-2 USTC par. 9502 (8th Cir. 1971); see also Maloof v. Commissioner, 456 F.3d 645, 649-650 (6th Cir. 2006), affg. T.C. Memo. 2005-75; Estate of Leavitt v. Commissioner, 875 F.2d 420, 422 (4th Cir. 1989), affg. 90 T.C. 206 (1988); Brown v. Commissioner, 706 F.2d 755, 756 (6th Cir. 1983), affg. T.C. Memo. 1981-608. An economic outlay for this purpose includes a use of funds for which the taxpayer is directly liable in a purchase of S corporation shares, in an actual contribution of cash or property by the shareholder to the S corporation, or in a transaction that leaves the corporation indebted to the shareholder. See Maloof v. Commissioner, supra at 649; Bergman v. United States, 174 F.3d 928, 931-932 (8th Cir. 1999); Estate of Leavitt v. Commissioner, supra at 423. Stated otherwise, the shareholder must make an actual “‘investment’” in the entity, Spencer v. Commissioner, 110 T.C. 62, 78-79 (1998) (quoting legislative history at S. Rept. 1983, 85th Cong., 2d Sess.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011