- 2 - indebtedness income excluded from an S corporation’s gross income under section 108(a) passes through to the S corporation’s shareholders and, if it does, increases the basis of the shareholder’s stock under section 1367. We addressed this issue in Nelson v. Commissioner, 110 T.C. 114 (1998), affd. 182 F.3d 1152 (10th Cir. 1999), wherein we held that cancellation of debt (COD) income excluded by section 108(a) does not pass through to a shareholder of an S corporation as an item of income under section 1366(a)(1)(A) so as to allow a corresponding increase in the basis of the shareholder’s stock under section 1367(a)(1).1 Petitioners do not agree with our holding in Nelson and request us to “review and revise” that holding. All section references are to the Internal Revenue Code as in effect for the year in issue. All Rule references are to the Tax Court Rules of Practice and Procedure. This case was submitted fully stipulated under Rule 122. The stipulation of facts and the exhibits submitted therewith are incorporated herein by this reference. 1 Nelson v. Commissioner, 110 T.C. 114 (1998), affd. 182 F.3d 1152 (10th Cir. 1999), was affirmed for the reasons explained by the U.S. Court of Appeals for the Tenth Circuit in Gitlitz v. Commissioner, 182 F.3d 1143 (10th Cir. 1999), affg. Winn v. Commissioner, T.C. Memo. 1998-71, which was decided on the same day as Nelson.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011