Dudley B. and La Donna K. Merkel - Page 11

                                        -11-                                          
          the bankruptcy law, Pub. L. 95-598, 92 Stat. 2549, Congress                 
          “intended to complete the process of revising and updating                  
          Federal bankruptcy laws by providing rules governing the tax                
          aspects of bankruptcy and related tax issues.”  Staff of Joint              
          Comm. on Taxation, Description of H.R. 5043 (Bankruptcy Tax Act             
          of 1980) as Passed the House, at 3 (J. Comm. Print 1980).                   
               The relevant committee reports (the committee reports)                 
          accompanying H.R. 5043, 96th Cong., 2d Sess. (1980), which became           
          the Bankruptcy Tax Act, provide that the proposed insolvency                
          exclusion is intended to insure that an insolvent debtor outside            
          of bankruptcy (like a debtor coming out of bankruptcy, who is               
          accorded a “fresh start” under the bankruptcy law) is not                   
          burdened with an immediate tax liability.  See S. Rept. 96-1035,            
          at 10 (1980), 1980-2 C.B. 620, 624; H. Rept. 96-833, at 9 (1980).           
          The pre-existing law is described as follows:                               
               Under a judicially developed “insolvency exception,” no                
               income arises from discharge of indebtedness if the                    
               debtor is insolvent both before and after the                          
               transaction;1 and if the transaction leaves the debtor                 
               with assets whose value exceeds remaining liabilities,                 
               income is realized only to the extent of the excess.2                  
               * * *                                                                  
               1Treas. Regs. � 1[.]61-12(b)(1); Dallas Transfer &                     
               Terminal Warehouse Co. v. Comm'r, 70 F.2d 95 (5th Cir.                 
               1934).                                                                 
               2Lakeland Grocery Co., 36 B.T.A. 289 (1937).                           
          S. Rept. 96-1035, supra, 1980-2 C.B. at 623; see H. Rept. 96-833,           
          supra at 7.  The proposed insolvency exclusion is described in              
          terms that reflect the preexisting insolvency exception:                    





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