- 124 - total amount of the S corporation’s losses and deductions that can be passed through to a shareholder in any taxable year is limited to the sum of that shareholder’s adjusted basis in his or her stock and the adjusted basis of any indebtedness owed by the corporation to that shareholder. Sec. 1366(d)(1). A taxpayer’s share of any S corporation loss in excess of his or her adjusted basis may be carried over indefinitely. Sec. 1366(d)(2). In these cases, the parties dispute whether the Roses had a sufficient basis in their Zephyr interest during 1990, 1991, and 1992 to deduct the losses that they claimed from that S corporation on their joint Federal income tax returns for those years. Whether or not an FSAA was sent to Zephyr for 1990, no such notice is before the Court in these cases. Thus, we do not have jurisdiction to redetermine Zephyr’s actual income or loss and the consequential increases or decrease in basis. The Roses did not assign error in their petition to respondent’s determination of their basis in their Zephyr interest during 1990, 1991, and 1992. Under Rule 34(b)(4), any issue not raised in the assignment of errors is deemed conceded by the taxpayer. Jarvis v. Commissioner, 78 T.C. 646, 658 (1982); Gordon v. Commissioner, 73 T.C. 736, 739 (1980). Furthermore, the Roses made the following concession in their petition with respect to that determination: a. The Petitioners concede the adjustments proposed by the Respondent with respect to Zephyr RockPage: Previous 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Next
Last modified: May 25, 2011