Roderick E. Carlson and Jeanette S. Carlson - Page 12




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          from the claims of creditors under applicable State law.  That is           
          because under applicable State law such assets generally are not            
          subject to the payment of debts.  However, the third dictionary             
          definition of the word “assets” quoted above seems to include               
          assets exempt from the claims of creditors under applicable State           
          law.  That is because such assets are items appearing on a                  
          balance sheet showing the value of property owned.  See Account-            
          ing and Fin. Reporting for Personal Fin. Statements, Statement of           
          Position 82-1 (AICPA 1982).  We conclude that the common and                
          ordinary meaning of the word “assets” as reflected in the dictio-           
          nary definition of that word does not support only one construc-            
          tion.  We next turn to pertinent legislative history for guidance           
          in interpreting what Congress intended by its use of the word               
          “assets” in the definition of the term “insolvent” in section               
          108(d)(3).                                                                  
               Congress enacted section 108(a)(1)(B) and related provisions           
          (i.e., section 108(a)(3), (d)(3), and (e)(1)) into the Code in              
          1980 as part of the Bankruptcy Tax Act of 1980, Pub. L. 96-589,             
          sec. 2(a), 94 Stat. 3389 (1980 Bankruptcy Tax Act).  The stated             
          purpose of the 1980 Bankruptcy Tax Act was to “accommodate                  
          bankruptcy policy and tax policy.”  S. Rept. 96-1035 at 9-10                
          (1980), 1980-2 C.B. 620, 624.  Such an accommodation was neces-             
          sary after Congress made significant changes to the Federal                 
          bankruptcy laws in 1978 by passing the Bankruptcy Reform Act of             






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