John W. Banks, III - Page 22




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         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), and                 






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