- 23 - Sav. Bank, 499 U.S. at 582-583. Accordingly, section 108 was enacted to reduce the possibility of permanent deferral by requiring the excluded income to be applied against the basis of depreciable assets, net operating losses, capital loss carryovers, and tax credits. In light of the relatively sparse legislative history that bears on the issue before us, we must construe what we can to form a proper perspective and provide a definitive answer to this anomalous situation. Here, petitioner has not borne an economic cost. On the contrary, it would appear that the economic cost was to others, the creditors of the corporation. Nor has petitioner made an economic outlay. Section 108 allows an insolvent S corporation to receive COD income sheltered from immediate taxation to its shareholders. To permit petitioner to increase basis in the stock of the corporation on account of such tax-deferred income would produce a windfall to him. The legislative history further illustrates that once a taxpayer reduces its tax attributes pursuant to section 108(b)(2), "Any further remaining debt discharge * * * does not result in income or have other tax consequences." S. Rept. 96- 1035, supra at 2, 1980-2 C.B. at 620-621. We conclude from the foregoing language that Congress did not intend for the taxpayer to have any further tax consequences, either favorable or unfavorable, from the COD income subsequent to the reduction inPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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