Legal Opinion

Borg v. Commissioner

United States Tax Court

Decided May 7, 1968No. Docket No. 2395-66Published

1. Held, for purposes of computing the allowable portion of a deductible corporate net operating loss under sec. 1374(c)(2)(B), I.R.C. 1954, petitioners, as cash basis taxpayers, had a zero basis in notes issued by their electing small business corporation, as evidence of indebtedness arising from an employment contract. 2. Held, further, loans to an electing small business corporation by third parties endorsed by its shareholders as sureties are not "indebtedness of the…

Read the full summary

1. Held, for purposes of computing the allowable portion of a deductible corporate net operating loss under sec. 1374(c)(2)(B), I.R.C. 1954, petitioners, as cash basis taxpayers, had a zero basis in notes issued by their electing small business corporation, as evidence of indebtedness arising from an employment contract. 2. Held, further, loans to an electing small business corporation by third parties endorsed by its shareholders as sureties are not "indebtedness of the corporation to the [shareholders]" under sec. 1374(c)(2)(B), I.R.C. 1954, where the shareholders had not been called upon…

1Opinion of the Court

Joe E. Borg and Ruth P. Borg, Petitioners v. Commissioner of Internal Revenue, Respondent

Borg v. Commissioner

Docket No. 2395-66

United States Tax Court

50 T.C. 257; 1968 U.S. Tax Ct. LEXIS 131;

May 7, 1968, Filed

Decision will be entered under Rule 50.

1. Held, for purposes of computing the allowable portion of a deductible corporate net operating loss under sec. 1374(c)(2)(B), I.R.C. 1954, petitioners, as cash basis taxpayers, had a zero basis in notes issued by their electing small business corporation, as evidence of indebtedness arising from an employment contract.

2. Held, further, loans to an…

2Cases cited21 opinions

  1. Detroit Edison Co. v. CommissionerSupreme Court of the United States · 1943
  2. Gilman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1931
  3. Perry v. CommissionerUnited States Tax Court · 1966
  4. William H. Perry and Marian E. Perry v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1968
  5. Borg v. CommissionerUnited States Tax Court · 1968

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API