Sid Paul Ruckriegel - Page 26

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          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 possess           






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