- 9 - Section 1398 provides that the bankruptcy estate of the debtor succeeds to, inter alia, any net operating loss carryovers of the debtor. Sec. 1398(g). In addition, section 1398 provides that the debtor shall succeed to, inter alia, any remaining net operating loss carryovers of the bankruptcy estate upon the termination of the estate. Sec. 1398(i). A bankruptcy estate is created in an involuntary case upon the filing of the petition with the bankruptcy court. Bankruptcy Code, 11 U.S.C. sec. 303 (1978). At that time, certain tax attributes, including any net operating losses, determined as of the first day of the debtor-taxpayer's taxable year in which the bankruptcy case commences, become part of the estate, and no longer belong to the debtor-taxpayer. Sec. 1398(g); Kahle v. Commissioner, T.C. Memo. 1997-91. Any remaining net operating loss belonging to the estate will be returned to the debtor-taxpayer after the termination of the estate. Sec. 1398(i). "Termination of the estate" refers to the closing of the estate. Bankruptcy Code, 11 U.S.C. sec. 346(i)(2) (1978); see also Firsdon v. United States, 95 F.3d 444, 446 (6th Cir. 1996), affg. 75 AFTR 2d 95-528, 95-1 USTC par. 50,040 (N.D. Ohio 1994); Beery v. Commissioner, T.C. Memo. 1996- 464. The debtor is then free to use the net operating loss as a carryover, sec. 1398(i), or carryback, as long as the net operating loss arose before the commencement of the bankruptcy case. Sec. 1398(j)(2)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011