- 137 - taxpayer’s drawing account was not an actual economic outlay stating: [The taxpayer’s] bookkeeping maneuvers merely shifted, on paper, the liability for prior loans. Hennessey’s debit to * * * [the taxpayer’s] drawing account, and its subsequent credit to that account and debit to * * * [the taxpayer’s] undistributed taxable income account, do not reflect a current economic outlay entitling * * * [the taxpayer] to increase his basis in A & L. Although the entries in Hennessey’s books technically reduced * * * [the taxpayer’s] book equity, such entries could not, absent liquidation of Hennessey, leave * * * [the taxpayer] “poorer in a material sense.” * * * [Shebester v. Commissioner, supra; citation omitted.] Furthermore, petitioners’ reliance on Rev. Rul. 75-144, 1975-1 C.B. 277, is misplaced. The Court of Appeals in Underwood v. Commissioner, 535 F.2d 309 (5th Cir. 1976), noted the ruling as applied to situations such as is involved here, stating: In the ruling [Rev. Rul. 75-144] the obligee on the shareholder’s note was an outsider, a bank, which stood ready to enforce the obligation. Hence it was clear at the time the substitution occurred that at some future date payment would be required. Here, by contrast, the obligee on the taxpayers’ demand note was their own wholly-owned corporation. * * * [Underwood v. Commissioner, supra at 312 n.2.] After considering the reasoning set forth in the cases discussed above and the dearth of evidence establishing the substance of the transactions between SLPC, TPC, and Rose, we conclude that the only intended economic effect of these transactions was to enable the Roses to deduct losses from SLPC on their joint income tax returns for 1994 and 1995 that theyPage: Previous 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Next
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