been utilized. Thus, at the end of 1991, the 1990 NOL was not available to petitioners as a carryforward.2 Indeed, petitioners do not contend otherwise. Second, we consider the question whether, as petitioners contend, the 1990 NOL was extant at the time of Mr. Kahle's discharge and became available as a carryback to 1991. Here again, the answer is clearly in the negative. Section 108(d)(8) applies to section 108(b)(1). Section 108(b)(1) refers to reductions provided for in section 108(b)(2). Thus the reduction which occurs under section 108(b) is determined by the bankrupt estate, not the individual debtor. Section 108(d)(8) does not specifically refer to section 108(b)(4) because section 108(b)(4) does not actually refer to a taxpayer but only to the determination of tax liability. Thus, the estate may use the tax attributes to determine its tax liability for the year of discharge, after which the tax attributes are reduced by the estate under section 108(b)(2), before being returned to the debtor-taxpayer. Such a reading comports with the overall purpose of the statutory scheme. It is clear from the statute that the price the debtor-taxpayer pays for not including in income the amount of the discharged debt is the surrender of certain enumerated tax attributes, as provided for in sections 108(b)(1) and 1398(g) and (i). The legislative history confirms this view when it states: 2 See Beery v. Commissioner, T.C. Memo. 1996-464.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011