William C. and Gene E. Witzel - Page 4




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          exempt, (2) Congress' intent to treat all shareholders in S                 
          corporations similarly under section 108(d)(7), and (3) the                 
          dissimilarity in treatment between section 103 (exclusion of                
          State bond interest from gross income) and section 108.  We                 
          disagree with petitioners.  In Nelson, we addressed all of these            
          arguments in detail.  Nelson v. Commissioner, supra at 122-125.             
               We shall follow our recent Court-reviewed opinion.  We                 
          therefore conclude that petitioners may not increase their basis            
          in the stock by the amount of the excluded COD income.                      
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               


























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