- 8 - that foreclosure sale, petitioners were insolvent within the meaning of section 108(d)(3). The parties’ specific dispute here concerns the meaning of the word “assets” as used in section 108(d)(3). It is petitioners’ position that the word “assets” as used in section 108(d)(3) does not include assets that are exempt from the claims of creditors under applicable State law. In support of that argument, petitioners rely principally on Cole v. Commis- sioner, 42 B.T.A. 1110 (1940), and Hunt v. Commissioner, T.C. Memo. 1989-335. According to petitioners, petitioners’ fishing permit, which had a fair market value of $393,400 immediately preceding the foreclosure sale on February 8, 1993, is an asset exempt from the claims of creditors under the law of the State of Alaska.5 Petitioners maintain that, pursuant to Cole and Hunt, 5Petitioners also contend that certain other assets, i.e., petitioners’ principal residence, petitioners’ household goods and wearing apparel, petitioners’ tools of the trade, and peti- tioners’ motor vehicle (collectively, petitioners’ other assets), are assets exempt from the claims of creditors under applicable State law to the extent of $54,000, $3,000, $2,800, and $3,000, respectively. According to petitioners, those assets also are not to be included in petitioners’ assets in performing the calculation set forth in sec. 108(d)(3) for determining whether petitioners are insolvent (insolvency calculation). Assuming arguendo that we were to hold that the word “assets” as used in sec. 108(d)(3) does not include assets that are exempt from the claims of creditors under applicable State law and that petition- ers’ fishing permit is an asset that is exempt from the claims of creditors under the law of the State of Alaska, petitioners would be insolvent within the meaning of sec. 108(d)(3) without regard to whether a total of $62,800 of petitioners’ other assets that petitioners claim are exempt from the claims of creditors under (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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