- 21 - Id. at 1113. The Board explained in Cole that it excluded the value of the taxpayer’s equity in certain life insurance policies from its determination of the value of the taxpayer’s assets because “Under the applicable law of New York * * * such equity in insurance was free from claims of creditors.” Id. We reject petitioners’ argument that we apply Cole in this case. When Congress enacted the insolvency exception into the Code as section 108(a)(1)(B), one of the related provisions it also enacted is section 108(e)(1).8 Section 108(e)(1) provides that, for purposes of title 26 of the United States Code (i.e., the Internal Revenue Code, including section 61(a)(12)), “there shall be no insolvency exception from the general rule that gross income includes income from the discharge of indebtedness” except as provided in section 108(a)(1)(B). As the Supreme Court 8When Congress “codified the net assets test in section 108(a)(1)(B), (a)(3), and (d)(3),” Merkel v. Commissioner, 109 T.C. at 473, it codified the net assets test developed by Dallas Transfer & Terminal Warehouse Co. v. Commissioner, 70 F.2d 95 (5th Cir. 1934), revg. 27 B.T.A. 651 (1933), and Lakeland Grocery Co. v. Commissioner, 36 B.T.A. 289 (1937). It did not codify the application of the net assets test by Cole v. Commissioner, 42 B.T.A. 1110 (1940). The committee reports accompanying H.R. 5043 make no reference to and do not describe the holding of Cole, whereas those reports do refer to and describe the holdings of Dallas Transfer & Terminal Warehouse Co. and Lakeland Grocery Co. Nor do those committee reports refer to the two cases that applied Cole v. Commissioner, supra, which had been decided as of the time Congress passed the 1980 Bankruptcy Tax Act, i.e., Davis v. Commissioner, 69 T.C. 814, 833-834 (1978), and Estate of Marcus v. Commissioner, T.C. Memo. 1975-9. See also Babin v. Commissioner, T.C. Memo. 1992-673, affd. on other grounds 23 F.3d 1032 (6th Cir. 1994); Hunt v. Commissioner, supra, decided after Congress passed that Act.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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