Will That Be One Debt or Two? S Corporations, Shareholder Debt and Basis Detailed in Recent Tax Court Case

Published: Sept. 1, 2005, 7 p.m.

This Podcast considers a decision (Brooks v. Commissioner, TC Memo 2005 - 204) involving the impact of repaying S corporation debt during the year when, at the beginning of the year, the shareholder's basis was less than the face amount of the note.

In the case in question, the shareholders repaid such a debt in its entirety at the beginning of the year, the corporation sustained a loss during the year, and then the taxpayer loan back enough money to both return the entire repayment and then advance enough additional to give basis to take the loss.

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