- 15 - excluded COD income at the shareholder level, it would have provided for statutory language reaching that result. Furthermore, the ordering rules provide that the income tax liability for the taxable year of the COD income is determined prior to the reduction in tax attributes. Sec. 108(b)(4)(A). The parties have not cited, and we do not find, authority addressing the mechanism of section 108(b)(4)(A). Petitioner asserts that the reductions in tax attributes in section 108(b)(2) are made after the determination of the tax imposed for the taxable year of the discharge. In other words, the income tax liability of an S corporation and its shareholders must be determined first, and only after such liability is determined can the attributes (including losses suspended under section 1366(d)) be reduced. On the other hand, respondent evidently contends that the "suspended losses" of section 1366(d)(1) should be reduced at the S corporation level before the income tax liability of the shareholder is determined. Thus, respondent argues that the losses of the S corporation must be eliminated under section 108(b)(2). We are not persuaded by petitioner's argument in this regard. Here, there is nothing in the statutory language which compels excluded COD income to be included in the calculations for an S corporation shareholder's income tax liability. Also, section 108(b)(4)(A) states that the reduction of the taxPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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