Clinton Deckard v. Commissioner

155 T.C. No. 8

UNITED STATES TAX COURT CLINTON DECKARD, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 11859-17. Filed September 17, 2020. W was organized in 2012 as a Kentucky nonstock, nonprofit corporation. In 2014 W filed a retroactive election for S corporation status as of the date of its incorporation. P, who was W’s president and one of its directors, then reported passthrough operating losses from W on his 2012 and 2013 individual income tax returns. R disallowed the passthrough losses. Held: As an officer and director of W, subject to the constraints of…