Richard T. Mullen - Page 2




                                                - 2 -                                                  

            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                           





Page:  Previous  1  2  3  Next

Last modified: May 25, 2011