- 18 - We observed in Merkel: The Board’s approach to a taxpayer in financial distress being discharged of an indebtedness, which approach was crystallized in Lakeland Grocery Co. v. Commissioner, supra, has been called, among other things, the “net assets” test. That test is based on the so-called freeing-of-assets theory derived from the Supreme Court’s statement in Kirby Lumber that the transaction “made available $137,521.30 assets previ- ously offset by the obligation of bonds now extinct”. * * * The net assets test is a corollary of the princi- ple in Dallas Transfer that an insolvent debtor does not realize income when discharged of indebtedness. Under the net assets test, if the debtor remains insol- vent (liabilities exceed assets) after being discharged of indebtedness, no assets have been freed as a result of the discharge since the debtor’s assets are still more than offset by his postdischarge liabilities, and, thus, no gross income is realized; if the debtor is solvent (assets exceed liabilities) after being dis- charged, then the discharge has freed the debtor’s assets from the offset of his liabilities to that extent, and, thus, gross income is realized from the discharge. In essence, the net assets test is simply an examination of the debtor’s net worth after he is discharged of indebtedness–-an increase in net worth gives rise to income, but a decrease in negative net worth does not. Id. at 472-473; fn. ref. omitted. We explained in Merkel that Congress codified the net assets test in section 108(a)(1)(B), (a)(3), and (d)(3) as a means of determining an exclu- sion from gross income of an item of income derived from the discharge of indebtedness. Aside from the parallel descriptions in the committee reports of the preexisting law and of the proposed insolvency exclu- sion, * * * that codification is apparent from the statutory insolvency calculation coupled with the insolvency exclusion limitation provided in section 108(a)(3), which together share the same underlying analytical framework as the net assets test. That framework requires an examination of the debtor’s assets and liabilities for the purpose of determining whether the debtor’s net worth turns positive (assetsPage: 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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