- 22 - 1996); McGuril v. Commissioner, T.C. Memo. 1999-21; Beery v. Commissioner, T.C. Memo. 1996-464, we hold that he was not entitled to claim personally in the subject years a deduction for an NOL that arose prior to the estate’s commencement; see sec. 1398(g); see also Kahle v. Commissioner, T.C. Memo. 1997- 91.(NOL’s determined as of the first day of the debtor's taxable year in which the bankruptcy case commences become part of the estate and no longer belong to the debtor-taxpayer). 3. Income Items Items of gross income realized from the assets of a bankruptcy estate after the commencement of a bankruptcy action are generally included in the gross income of the bankruptcy estate rather than the gross income of the debtor. See sec. 1398(e)(1) and (2). Petitioner’s 1988 individual income tax return shows a net profit of $62,304 from the “Sales - subdivision lots French Hills”. The Frenchtown Hills subdivision was part of the estate in 1988, and the related sales income was includable in the estate’s gross income. We understand Mr. Roberts to have reported that sales income on the estate’s 1988 fiduciary return. Accordingly, the $62,304 is excluded from petitioner’s gross income for 1988. Petitioner also seeks to exclude the following sums of interest income: $6,126 (unreported), $5,847 (reported), andPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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