- 5 - Nelson. Rather, they contend that in Nelson we failed adequately to address the following legal issues: (1) Whether COD income is an item of income that increases basis; (2) whether COD income constitutes tax-exempt income which passes through to shareholders; (3) whether section 108(d)(7)(A) operates as an exception to the general pass-through scheme of sections 1366 and 1367; and (4) whether Nelson is inconsistent with our holding in CSI Hydrostatic Testers, Inc. v. Commissioner, 103 T.C. 398 (1994), affd. per curiam 62 F.3d 136 (5th Cir. 1995). We disagree with petitioners. Nelson addressed all of these issues. See Nelson v. Commissioner, supra at 121-129. Our opinion in Nelson controls the situation involved herein; consequently, we sustain respondent’s disallowance of the claimed NOL carryover.5 To reflect the foregoing, Decision will be entered for respondent. 5 We are mindful that the U.S. District Court for the District of Oregon recently held that COD income excluded from gross income under sec. 108(a) passes through to the shareholders of an S corporation, allowing them to increase the basis of their stock under sec. 1367. See Hogue v. United States, ___ F. Supp. 2d ___ (D. Or. Jan. 3, 2000). We believe this decision to be erroneous.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011