- 2 - After concessions,1 the sole issue for decision is whether discharge of indebtedness (COD) income excluded under section 108(a) from the gross income of an S corporation passes through to the shareholder of the S corporation as an item of income under section 1366(a)(1)(A) and consequently increases the basis of the shareholder's stock in the S corporation under section 1367.2 The parties submitted this case fully stipulated. Rule 122. The stipulation of facts and the exhibits attached thereto are incorporated herein by this reference. At the time they filed the petition, petitioners resided in Sandwich, Illinois. Background At all relevant times, petitioner3 was the sole shareholder of Water Products Co. of Illinois, Inc. (Water Products), an S corporation. In 1991, Water Products declared bankruptcy under chapter 11 of the Bankruptcy Code. In 1992, Water Products realized COD income under section 61(a)(12) in the amount of $5,404,323. As a result of its 1 Petitioners concede that respondent's adjustments to their itemized deductions, deduction for exemptions, and alternative minimum tax are correct if the Court concludes petitioners are not entitled to increase the basis in their S corporation stock. 2 All section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 3 References to "petitioner" are to William C. Witzel.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011