Welcome Guest. Register Now!  



Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 11-11-2011, 12:39 PM
Junior Member
 
Join Date: Nov 2011
Posts: 1
Section 1244

let's say i invest in a corporation and pay $10 for the qualifying stock and give it a loan of $499,990. When the stock goes bad, I clearly have a $10 1244 loss and a $499,990 non-business bad debt. What if i had a smart tax adviser? What would he advise?
Could i buy additional shares of stock (about $99,990 worth or so) and then utilize my $100,000 worthless stock deduction as an ordinary loss?"



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #2 (permalink)  
Old 11-12-2011, 08:37 AM
Moderator
 
Join Date: Oct 2010
Posts: 5,258
“When the stock goes bad, I clearly have a $10 1244 loss and a $499,990 non-business bad debt.”---->As long as the requirements of Sec 1244 stock are met, ordinary loss treatment for losses on a sale or exchange of 1244 stock is permitted if the loss would otherwise be treated as a capital loss. The amount of ordinary loss that an individual taxpayer may realize by reason of the small business stock provision is subject to certain limitations. Any amount of Sec1244 loss in excess of this limitation is treated as a capital loss; ALSO Whenyou, as a shareholder, loans money to a corporation, there is a clear expectation that the loan will be repaid. If the loan becomes worthless, deductibility of the loss for tax purposes is based on whether a bona fide debt existed, since advances that are not bona fide loans are generally characterized as capital contributions, andthe loan is classified as a business or nonbusiness debt. Business bad debts that are completely or partially worthless are deductible as ordinary losses, while nonbusiness bad debts are short-term capital losses only when entirely worthless.
“What if i had a smart tax adviser? What would he advise? “---> I guess it depends on each accountant.
“Could i buy additional shares of stock (about $99,990 worth or so) and then utilize my $100,000 worthless stock deduction as an ordinary loss?"---->As said above.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
Ads
Reply



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
section 179 depreciation f106pilot Depreciation 1 10-30-2010 12:43 PM
What are the requirements for shareholders to be eligible for Section 1244 Stock treatment? TaxGuru C-Corporation 0 10-04-2010 11:34 AM
Section 179 deduction mlci S-Corporation 0 03-11-2009 07:10 PM
section a of the w4 bommer113 Income 0 06-06-2008 12:54 PM
Section 179 Eligability glassandgear Depreciation 4 12-23-2007 11:41 PM

Follow us on Facebook Follow us on Twitter Google Buzz Rss Feeds

» Categories
 
Individual
 » Income
 » IRA/Sep
 » Medical
 
Corporations
 » Payroll
 
Forum for CPAs
 
Financial Planning
 
 
 

» Recent Tax Q&A
No Threads to Display.