- 25 - (1958), 1958-3 C.B. 922, 1141), thereby incurring a true “cost”, Borg v. Commissioner, 50 T.C. 257, 263 (1968). In general, no form of indirect borrowing, e.g., guaranty, surety, accommodation, comaking, pledge of collateral, etc., will give rise to the requisite economic outlay unless, until, and to the extent that the shareholder pays all or part of the obligation. Maloof v. Commissioner, supra at 649-650; Uri v. Commissioner, 949 F.2d 371, 373 (10th Cir. 1991), affg. T.C. Memo. 1989-58; Estate of Leavitt v. Commissioner, supra at 422; Brown v. Commissioner, supra at 757; Raynor v. Commissioner, 50 T.C. 762, 770-771 (1968). The Court of Appeals for the Eleventh Circuit7 recognizes a limited exception to this rule, permitting a shareholder’s guaranty of a loan to an S corporation to effect an increase in basis “‘where the lender looks to the shareholder as the primary obligor’”. Sleiman v. Commissioner, 187 F.3d 1352, 1357 (11th Cir. 1999) (quoting Selfe v. United States, 778 7 The petition filed in this case recites: “The petitioner’s [sic] mailing address for all correspondence now at: P.O. Box 8173, Kentwood, MI 49518-8173; and with legal residence now at: P.O. Box 507, Long Beach, MS 39560”. Petitioners designated Detroit, Michigan, as the place of trial. Residence in Mississippi would generally imply the Court of Appeals for the Fifth Circuit as the appropriate venue for appeal. See sec. 7482(b)(1)(A). Nonetheless, the procedural history of this litigation suggests a reasonable possibility of an agreement to alter venue of appeal to the Court of Appeals for the Sixth Circuit. See sec. 7482(b)(2). In these circumstances, the Court will take into account all potentially germane precedent. See Golsen v. Commissioner, 54 T.C. 742, 757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011