Mel T. Nelson - Page 19

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          that gross income does not include income derived from interest             
          paid on any State or local bond.  See also Cotton States                    
          Fertilizer Co. v. Commissioner, 28 T.C. 1169, 1172-1173                     
          (1957)(discussion of "wholly exempt" from tax versus postponement           
          of tax).                                                                    
               Moreover, the legislative history with respect to section              
          108 manifests an intention to "insure that the debt discharge               
          amount eventually will result in ordinary income".  S. Rept. 96-            
          1035, at 11 (1980), 1980-2 C.B. 620, 625.  Finally, the U.S.                
          Supreme Court observed in United States v. Centennial Sav. Bank,            
          499 U.S. 573, 580 (1991):                                                   
               The effect of section 108 is not genuinely to exempt                   
               such income from taxation, but rather to defer the                     
               payment of the tax by reducing the taxpayer's annual                   
               depreciation deductions or by increasing the size of                   
               taxable gains upon ultimate disposition of the reduced-                
               basis property.                                                        
          In short, section 108 is not designed or intended to be a                   
          permanent exemption from tax.  We, therefore, reject petitioner's           
          argument that excluded COD income is "tax-exempt" pursuant to               
          section 1366(a)(1)(A) and, thus, is statutorily required to pass            
          through to the S corporation shareholders.                                  
               Next, petitioner cites CSI Hydrostatic Testers, Inc. v.                
          Commissioner, 103 T.C. 398 (1994), affd. per curiam 62 F.3d 136             
          (5th Cir. 1995), as being analogous and dispositive of this case.           
          However, we find the citation to be inapposite.  The issue in CSI           
          Hydrostatic Testers, Inc. v. Commissioner, supra, entailed the              




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