- 19 - 108 because the reduction of tax attributes under section 108(b)(1) is determined by the bankruptcy estate, not the individual debtor. See sec. 108(d)(8). We disagree that the 1991 NOL was a tax attribute of petitioner. Petitioner’s interest in GSD passed to the bankruptcy estate of petitioner on July 11, 1991, when he filed the bankruptcy petition. The 1991 NOL was thus a tax attribute belonging to, and usable by, the bankruptcy estate, and it remained in the estate until petitioner was discharged from bankruptcy and the estate was terminated. See sec. 1398(i). The fact that petitioner did not elect a short taxable year under section 1398(d)(2) does not entitle him to the NOL as his tax attribute. See Kahle v. Commissioner, T.C. Memo. 1997-91 (taxpayer could not use NOL carryforward in the taxable year in which he filed a petition in bankruptcy because he did not elect a short taxable year under section 1398(d)(2); NOL carryforward from prior year passed to bankruptcy estate upon the filing of the petition). Petitioner succeeded only to the unused portion, if any, of the 1991 NOL when his bankruptcy case closed in August 1993. See sec. 1398(i). Any amount excluded from gross income under section 108(a) is applied to reduce the tax attributes, such as NOL’s, of the taxpayer. See sec. 108(b)(1). Thus, section 108(b) requires that the 1991 NOL be reduced by the amount of discharge of indebtedness income excluded from income underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011