- 16 - 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 onPage: 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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