- 15 - Moreover, the abandonment of collateral otherwise deemed worthless and which represents a debt's sole payment source is an "identifiable event" which establishes the moment when the underlying debt is discharged. Cozzi v. Commissioner, supra at 445-447; see also Brountas v. Commissioner, 74 T.C. 1062, 1074 (1980), supplementing 73 T.C. 491 (1979), vacated and remanded on other grounds 692 F.2d 152 (1st Cir. 1982), affd. in part and revd. in part on other grounds sub nom. CRC Corp. v. Commissioner, 693 F.2d 281 (3d Cir. 1982). As a general matter, petitioners assert that respondent narrowly interprets the word, "discharge" for purposes of section 108(a). In particular, petitioners' arguments focus on the words "title 11 case," in section 108(a)(1)(A) and (d)(2). Petitioners assert that the bankruptcy court's assumption of jurisdiction over New Manchester, and the trustee's undertaking to manage New Manchester's affairs in bankruptcy, occurred in a title 11 case in 1992 and should, therefore, be deemed to constitute a discharge of indebtedness for purposes of section 108(d)(2). Conversely, respondent argues, that, during 1992, the bankruptcy court did not effectuate a plan which discharged New Manchester's outstanding debts, or, in fact, grant such a discharge. In that regard, respondent points out that New Manchester possessed assets at the end of the taxable year, 1992, and that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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