- 5 - The shareholder’s basis, once computed, limits the amount of losses and deductions that may be taken into account by a shareholder for the taxable year. Sec. 1366(d). In memoranda filed with the Court prior to the hearing on these matters, several arguments were set forth in support of respondent's motions, including the argument that discharge of indebtedness income was “deferred” and not “tax-exempt income” under section 1366(a). (Respondent did not argue that section 1367(b)(1) precluded an increase in basis with respect to income from discharge of indebtedness, presumably because, to the extent at issue here, such income was not required to be included on petitioners’ returns.) At the hearing on these matters, however, respondent abandoned those prior arguments and argued the following position: If the Court were to hold that excluded COD [cancellation (discharge) of indebtedness] is an item of income under Code section 1366, then you would have to find that it flows through to the taxpayers and they increase their basis. Respondent's position is that it's not an item of income and never flows through * * * We deal here solely with respondent’s “final” position. Respondent's position is based on section 1.61-12(a), Income Tax Regs., which states in part: "The discharge of indebtedness, in whole or in part, may result in the realization of income", and on section 1.61-12(b), Income Tax Regs., which states in part: "Income is not realized by a taxpayer * * * by virtue of an agreement among his creditors not consummated under anyPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011