-8- liability basis with due regard to all of the circumstances that existed” at the time insolvency is to be determined. With respect to contingent liabilities, petitioners concede: (1) “the likelihood of the occurrence of the contingency * * * [may be] so remote as not to give rise to a liability” and (2) “a contingent liability may be a liability; however, the amount of that liability may be less than the amount of full exposure.” Petitioners would have the Court find that both petitioners' guarantees and the State tax exposure were liabilities in existence on the measurement date, to be taken into account (perhaps at “less than the amount of full exposure”) under section 108(d)(3). II. Analysis A. The Code Section 61(a)(12) provides that gross income means all income from whatever source derived, including income from discharge of indebtedness. In certain circumstances, however, income from discharge of indebtedness is excluded from gross income. In relevant part, section 108(a) provides: (1) In general.--Gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of indebtedness of the taxpayer if-- (A) the discharge occurs in a title 11 case, (B) the discharge occurs when the taxpayer is insolvent * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011