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indebtedness income that is excluded, pursuant to section 108,
from the gross income of an S corporation increases the basis of
petitioner's S corporation stock. The parties submitted this
case fully stipulated pursuant to Rule 122. All section
references are to the Internal Revenue Code in effect for the
years in issue, and all Rule references are to the Tax Court
Rules of Practice and Procedure.
At the time the petition was filed, Richard T. Mullen
resided in Dallas, Texas. During 1993, petitioner was a
shareholder in ICP Properties, Inc. (ICP), an S corporation.
That year, ICP realized, but excluded pursuant to section 108(a),
$1,444,677 of discharge of indebtedness income.
On January 1, 1993, petitioner’s stock basis in ICP was
zero. Petitioner increased his stock basis by the amount of his
pro rata share of ICP's discharge of indebtedness income and, on
his 1993 tax return, deducted passive losses.
Respondent contends, pursuant to Nelson v. Commissioner, 110
T.C. 114 (1998), affd. 182 F.3d 1152 (10th Cir. 1999), that the
$1,444,677 of discharge of indebtedness income does not result in
a basis increase in the ICP stock. In Nelson, we held that an S
corporation's shareholder may not increase his basis to reflect
the S corporation's excluded discharge of indebtedness income.
See id. Petitioner does not attempt to distinguish Nelson, but
instead contends that Nelson was decided incorrectly. This case
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