Sid Paul Ruckriegel - Page 1

                                 T.C. Memo. 2006-78                                   


                               UNITED STATES TAX COURT                                


                         SID PAUL RUCKRIEGEL, Petitioner v.                           
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      
                           AL A. RUCKRIEGEL, Petitioner v.                            
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket Nos. 21675-03, 21676-03.      Filed April 18, 2006.             


                    Ps were each 50-percent shareholders in an S                      
               corporation that incurred ordinary losses before and                   
               during the years in question (1999 and 2000).  They                    
               were also 50-percent partners in a partnership that                    
               advanced funds, both directly and indirectly (through                  
               Ps) to the S corporation in 1997-2000.  The issue for                  
               decision is whether all or a portion of those advances                 
               resulted in loans from the partnership to Ps and from                  
               Ps to the S corporation, thereby providing Ps with                     
               sufficient bases in the S corporation, under sec.                      
               1366(d)(1)(B), I.R.C., to permit each P to deduct his                  
               50-percent share of that corporation’s ordinary losses                 
               for the years in question.                                             
                    Held:  Only the partnership advances through Ps                   
               resulted in loans from the partnership to Ps and from                  
               Ps to the S corporation, and those advances provided Ps                
               with sufficient bases in the S corporation to deduct                   





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