Douglas E. Kahle and Barbara W. Kahle - Page 6

            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.                                  



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