Chesapeake Outdoor Enterprises, Inc., Abel Trust, John E. Magee, Jr., Trustee, Tax Matters Person - Page 13

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          additional briefs addressing the applicability, if any, of                  
          Nelson.)                                                                    
               In Nelson, a shareholder-level case, we held that COD income           
          realized and excluded from gross income under section 108(a) does           
          not pass through to shareholders of a subchapter S corporation as           
          an item of income in accordance with section 1366(a)(1) so as to            
          enable an S corporation shareholder to increase the basis of his            
          stock under section 1367(a)(1).  Nelson v. Commissioner, supra at           
          130.  We held in that case that section 108 is not designed or              
          intended to be a permanent exemption from tax.  Excluded COD                
          income is not "tax-exempt" pursuant to section 1366(a)(1) and,              
          thus, is not statutorily required to pass through to the S                  
          corporation shareholders.  Id. at 125.                                      
               We see no need to repeat our detailed exegesis on this issue           
          contained in Nelson v. Commissioner, supra.  We simply hold,                
          following Nelson, that the COD income in the amount of $995,000             
          which was excluded from gross income under section 108(a) by                
          Chesapeake on its return for TYE March 19, 1992, is not a                   
          separately stated item of tax-exempt income for purposes of                 
          section 1366(a)(1)(A).                                                      
               We have considered the parties' remaining arguments and, to            
          the extent they are not discussed herein, find them to be either            
          not germane or unconvincing.                                                
               To reflect the foregoing and issues previously conceded,               






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