Michael Friedman and Madeline Friedman - Page 16

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          bankruptcy trustee was still actively pursuing claims beyond that           
          date.                                                                       
               We reject petitioners' expansive reading of section                    
          108(a)(1)(A) and (d)(2) which is contrary to the fundamental                
          principle of statutory construction that where a statute is clear           
          on its face, unequivocal evidence of legislative purpose is                 
          required to override the plain meaning of the words used.                   
          Huntsberry v. Commissioner, 83 T.C. 742, 747-748 (1984).                    
               The language in section 108(d)(2) is fairly explicit.  It              
          provides that a "title 11 case" means a case under title 11 (the            
          bankruptcy code), but only if the taxpayer is under the                     
          jurisdiction of the bankruptcy court and the discharge of                   
          indebtedness is "granted by the court or is pursuant to a plan              
          approved by the court".  Sec. 108(d)(2).  Consequently, we read             
          the statute to contemplate that, in general, in a title 11 case,            
          the bankruptcy court must grant the discharge either in a                   
          specific order, or as part of a plan approved by the court                  
          itself.                                                                     
               We observe that the bankruptcy trustee was active in                   
          conducting New Manchester's business as well as disbursing                  
          amounts to creditors after the 1992 taxable year.  In that vein,            
          the trustee periodically filed reports with the bankruptcy court            
          on the status of the foregoing proceedings.  Certain creditors              
          filed a fraudulent conveyance claim against petitioners on                  





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