T.C. Memo. 1998-175 UNITED STATES TAX COURT CHESAPEAKE OUTDOOR ENTERPRISES, INC., ABEL TRUST, JOHN E. MAGEE, JR., TRUSTEE, TAX MATTERS PERSON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 21830-96. Filed May 12, 1998. C, an S corporation subject to the unified audit and litigation provisions of the Subchapter S Revision Act of 1982, Pub. L. 97-354, sec. 4(a), 96 Stat. 1691- 1692, was insolvent within the meaning of sec. 108(d)(3), I.R.C., during its TYE Mar. 19, 1992. In that year, C realized cancellation of indebtedness (COD) income of approximately $995,000. Sec. 61(a)(12), I.R.C. In accordance with sec. 108(a), I.R.C., C excluded from its gross income the entire amount of COD income realized in that year. C asserts that such income is exempt from tax, and also that the characterization of such income is not a subchapter S item to which the FSAA relates for purposes of conferring jurisdiction under sec. 6226(f), I.R.C. R concedes that any proposed adjustment to shareholder basis is inappropriate at the corporate level. See Nelson v. Commissioner, 110 T.C. 114 (1998).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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