- 12 - petitioners have not identified the date or event by which New Manchester realized COD income under section 61(a)(12) in that year. On the other hand, petitioners contend that New Manchester received a discharge of debt in a title 11 proceeding in 1992. Specifically, petitioners infer that the appointment of a trustee to supervise and carry out the sale of the corporate assets, the collection of outstanding claims, and distributions to creditors were undertaken by the bankruptcy court itself, or pursuant to that court's approval. Consequently, petitioners suggest that these actions taken as a whole constitute a "plan" within the meaning of section 108(d)(2). Finally, for purposes of section 108(a)(2) (the insolvency exception), petitioners, in effect, argue that it was a virtual certainty that New Manchester could not make any payments, subsequent to 1992, to satisfy the indebtedness. Section 61 defines, in a general manner, gross income as "all income from whatever source derived". Section 61(a)(12) further elaborates on this broad language by providing that gross income specifically includes amounts received from cancellation of indebtedness. A taxpayer may realize COD income by paying an obligation at less than its face value. United States v. Kirby Lumber Co., 284 U.S. 1 (1931). The underlying rationale of this principle is that a reduction in debt without a corresponding reduction in assets causes an economic gain and income to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011