PK Ventures, Inc. and Subsidiaries, et al. - Page 37

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          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 Rock                 





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