Legal Opinion

BROWN v. COMMISSION OF INTERNAL REVENUE

United States Tax Court

Decided October 19, 1981No. Docket No. 5297-76UnpublishedCited by 3 opinions

Petitioners were shareholders of a subchapter S corporation. Petitioners guaranteed A's loan to the corporation. Petitioners never paid any amounts on the loan. The corporation suffered net operating losses. Held: petitioners' bases in their investments in the subchapter S corporation are not increased by A's loan to the corporation or by petitioners' guarantees; net operating loss pass-through deductions are disallowed.

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Petitioners were shareholders of a subchapter S corporation. Petitioners guaranteed A's loan to the corporation. Petitioners never paid any amounts on the loan. The corporation suffered net operating losses. Held: petitioners' bases in their investments in the subchapter S corporation are not increased by A's loan to the corporation or by petitioners' guarantees; net operating loss pass-through deductions are disallowed. Sec. 1374(c)(2), I.R.C. 1954. Petitioners borrowed $ 130,000 from B and lent $ 100,000 of the proceeds to their subchapter S corporation. The corporation gave petitioners no…

1Opinion of the Court

FREDERICK G. BROWN, NINA V. BROWN, MICHAEL ILITCH, MARIAN ILITCH, RICHARD G. SAUER, L. ELAINE SAUER, THOMAS P. CASEY, DOLORES A. CASEY, RONALD D. PRIEBE and RETA L. PRIEBE, Petitioners v. COMMISSION OF INTERNAL REVENUE, Respondent

BROWN v. COMMISSION OF INTERNAL REVENUE

Docket No. 5297-76.

United States Tax Court

T.C. Memo 1981-608; 1981 Tax Ct. Memo LEXIS 142; 42 T.C.M. (CCH) 1460;

October 19, 1981.

Petitioners were shareholders of a subchapter S corporation. Petitioners guaranteed A's loan to the corporation. Petitioners never paid any amounts on the loan. The corporation suffered net operating…

2Cases cited16 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
  3. Don E. Williams Co. v. CommissionerSupreme Court of the United States · 1977
  4. Commissioner of Internal Revenue v. SansomeCourt of Appeals for the Second Circuit · 1932
  5. Central Tablet Manufacturing Co. v. United StatesSupreme Court of the United States · 1974

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

3Cited by3 opinions

  1. O'Neal v. Comm'rUnited States Tax Court · 2016
  2. Seggerman Farms, Inc. v. CommissionerCourt of Appeals for the Seventh Circuit · 2002
  3. Seggerman Farms, Inc. v. Commissioner Of Internal RevenueCourt of Appeals for the Seventh Circuit · 2002

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