- 26 - Income Tax Regs., the applicable caselaw, or, indeed, as a matter of plain common sense, requiring a common shareholder to fund the S corporation’s losses with funds from his mattress or with funds borrowed by him from a bank or other unrelated party, rather than with funds obtained from another controlled entity, in order to obtain a basis in the unprofitable S corporation to the extent of the funding. Recognizing, as he must, that Culnen v. Commissioner, supra supports petitioners’ position in principle, respondent attempts to distinguish that case on the ground that, in Culnen, the funds lent to the unprofitable S corporation were derived from the after-tax profits of a related corporation, whereas the funds supplied by Paulan were, in a preliminary step, borrowed from unrelated banks or, in one instance, from Bavaria, Inc., a corporation wholly owned by Robert and Lovella. A profitable entity’s use of undistributed after-tax profits that, in essence, belong to its controlling shareholders or partners, for advances to an S corporation in which those same shareholders or partners are investors, is consistent with the argument that the profitable entity is acting on their behalf. It is not, however, indispensable to that argument. Even though Paulan borrowed money to fund Sidal’s losses, Paulan might still have been acting on petitioners’ behalf in advancing the borrowed funds to Sidal. In that connection, we note that, although Paulan did not possessPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011