PK Ventures, Inc. and Subsidiaries, et al. - Page 51

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          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 they               





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