Stuart R. Quartemont and Velvet F. Quartemont - Page 9

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         In Hunt v. Commissioner, T.C. Memo. 1989-335, decided with                   
         respect to a taxable year prior to the effective date of section             
         108(a)(1)(B) and (d)(3), we held, as petitioners wish us to hold             
         today, that assets exempt from the claims of creditors by State              
         law were excluded from the definition of assets for purposes of              
         determining whether a nonbankrupt debtor was insolvent.  This                
         entailed our holding that exempt assets included assets that, in             
         the event of bankruptcy, would be protected from the reach of                
         creditors under State exemptions, and not Federal exemptions,                
         even though (1) State law permitted debtors to elect either State            
         exemptions or Federal exemptions, and (2) Federal exemptions                 
         would be more beneficial.  In furtherance of this holding, we                
         noted:                                                                       
         While this conclusion may lead to different results for                      
              taxpayers who actually file for bankruptcy and those who do             
              not, we note that different answers also result from those              
              debtors who file for bankruptcy and reside in different                 
              states. The reason for the lack of consistency is twofold.              
              First, the Federal exemptions must be elected.  Second, many            
              states do not allow their residents to choose Federal                   
              exemptions over those offered by the state.  Therefore, no              
              matter what path we choose today [in deciding whether state             
              exemptions or Federal exemptions are to be used], we still              
              cannot guarantee nationwide uniformity in determining which             
              assets are exempt from the claims of creditors when making a            
              determination of solvency. [Fn. ref. omitted.]                          
              Excluding assets exempt under State bankruptcy law from the             
         section 108 definition of assets would result in inconsistencies             
         among taxpayers in different States that have different exemption            
         categories or amounts, another anomaly.  In any event, section               






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