Joyce E. and Jerome G. Beery - Page 10

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          the bankruptcy estate of a debtor who is an individual succeeds             
          to his NOL carryforwards and that upon termination of the                   
          bankruptcy estate the individual taxpayer succeeds to any tax               
          attributes of the bankruptcy estate.  Sec. 1398(g)(1), (i)                  
          (1994).  Section 1398, however, is not applicable to bankruptcy             
          proceedings, such as petitioner’s, that were commenced prior to             
          March 25, 1981.  Pub. L. 96-589, sec. 7(b), 94 Stat. 3412.                  
               As alluded to above, however, in 1990, the District Court,             
          with jurisdiction over petitioner's bankruptcy proceeding, held             
          specifically that petitioner's 1975-NOL was to be treated as                
          property of the bankruptcy estate and not of petitioner.                    
               Petitioners argue that under Segal v. Rochelle, 382 U.S. 375           
          (1966), they, not petitioner's bankruptcy estate, should be                 
          regarded as owners of petitioners' 1975-NOL and that petitioner's           
          bankruptcy estate was never entitled to claim the 1975-NOL.                 
          Respondent argues that the District Court's holding that the                
          1975-NOL should be treated as property of the bankruptcy estate,            
          and not of petitioner, should collaterally estop petitioners on             
          this issue.                                                                 
               Petitioners’ and respondent's arguments, however, as to                
          ownership of the 1975-NOL need not be decided.  Based on the                
          analysis set forth below and regardless of any question as to               
          ownership of the 1975-NOL, petitioners' attempt in this case to             
          carry forward and apply the 1975-NOL to offset their taxable                






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