Philip D. and Eleanor G. Winn - Page 7

                                        - 7 -                                          
          income are included in gross income.  Sec. 61(a).  Sections 101              
          through 135 exclude specific items of income from gross income.              
          Discharge of indebtedness income to the extent of insolvency is              
          one of the items of income so excluded.  Sec. 108(a)(1)(A), (3).             
               Based on the foregoing, we hold that discharge of                       
          indebtedness is an "item of income" for purposes of determining a            
          shareholder's basis in S corporation stock by its inclusion in               
          the definition of gross income under section 61(a)(12).                      
               On the basis of the record, respondent’s motions for summary            
          judgment will be denied, and petitioners’ cross-motions for                  
          partial summary judgment will be granted.                                    
               To reflect the foregoing,                                               
                                                        Appropriate orders             
                                                   will be issued.                     






















Page:  Previous  1  2  3  4  5  6  7  

Last modified: May 25, 2011