William C. and Gene E. Witzel - Page 2




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               After concessions,1 the sole issue for decision is whether             
          discharge of indebtedness (COD) income excluded under section               
          108(a) from the gross income of an S corporation passes through             
          to the shareholder of the S corporation as an item of income                
          under section 1366(a)(1)(A) and consequently increases the basis            
          of the shareholder's stock in the S corporation under section               
          1367.2                                                                      
               The parties submitted this case fully stipulated.  Rule 122.           
          The stipulation of facts and the exhibits attached thereto are              
          incorporated herein by this reference.  At the time they filed              
          the petition, petitioners resided in Sandwich, Illinois.                    
          Background                                                                  
               At all relevant times, petitioner3 was the sole shareholder            
          of Water Products Co. of Illinois, Inc. (Water Products), an S              
          corporation.  In 1991, Water Products declared bankruptcy under             
          chapter 11 of the Bankruptcy Code.                                          
               In 1992, Water Products realized COD income under section              
          61(a)(12) in the amount of $5,404,323.  As a result of its                  

               1  Petitioners concede that respondent's adjustments to                
          their itemized deductions, deduction for exemptions, and                    
          alternative minimum tax are correct if the Court concludes                  
          petitioners are not entitled to increase the basis in their S               
          corporation stock.                                                          
               2  All section references are to the Internal Revenue Code             
          in effect for the year in issue, and all Rule references are to             
          the Tax Court Rules of Practice and Procedure.                              
               3  References to "petitioner" are to William C. Witzel.                




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