- 3 - bankruptcy, Water Products excluded the COD income from its gross income. In 1992, petitioner had suspended losses (under section 1366(d)) from Water Products in the amount of $2,964,481 and a zero basis in his Water Products stock before considering the effect of the excluded COD income. For 1993, petitioners filed a joint Federal income tax return. On the return, petitioners increased the basis in the Water Products stock by the amount of the excluded COD income ($5,404,323). As a result of the increased basis, in 1993, petitioners deducted suspended losses of $2,549,251. Discussion Petitioners argue that they were entitled to increase their basis in Water Products stock by their share of the excluded COD income. In Nelson v. Commissioner, 110 T.C. 114 (1998), we held that COD income excluded by section 108(a) did not pass through to an S corporation shareholder under section 1366(a)(1)(A); therefore, the S corporation shareholder could not increase his basis in the stock under section 1367(a)(1). Petitioners do not distinguish this case from Nelson. Petitioners, however, contend that in Nelson we failed to consider the following legal issues: (1) The reduction of tax attributes dictated by section 108(b) is an alternative to taxation and does not mean that excluded COD income is not tax-Page: Previous 1 2 3 4 Next
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