Division. He reported total liabilities in the amount of $84,261,186.38, which he shared in part with various codebtors. On March 18, 1992, he received a discharge from the Bankruptcy Court of the total amount of the $84,261,186.38 debt. Mr. Kahle had an NOL for the taxable year 1990. He did not make a election pursuant to section 1398(d)(2) to adopt a short taxable year ending on the date before the commencement date of the bankruptcy. On their 1991 return, petitioners claimed they should be allowed to utilize Mr. Kahle's 1990 NOL, a claim which respondent has disallowed. Statutory Framework A bankruptcy estate is created in a voluntary case upon the filing of the petition of bankruptcy. Bankruptcy Code, 11 U.S.C. secs. 301, 542 (1978). At that time, certain tax attributes, including any NOL's, determined as of the first day of the debtor-taxpayer's taxable year in which the bankruptcy case commences, become part of the estate, and no longer belong to the debtor-taxpayer. Sec. 1398(g). If the debtor-taxpayer makes an election under section 1398(d) to adopt a short taxable year ending on the date before the commencement of the bankruptcy case, he or she may use an NOL to reduce his or her income earned during that short taxable year, and only any unused portion of the NOL becomes part of the bankruptcy estate. Sec. 1398(d)(2).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011