- 30 - petitioners to include that income in their gross income for the year at issue and pay a tax thereon is a result that is consis- tent with the intention of Congress in enacting section 108(a)(1)(B) and related provisions into the Code. We hold that the word “assets” as used in the definition of the term “insolvent” in section 108(d)(3) includes assets exempt from the claims of creditors under applicable State law.15 The 14(...continued) diate tax on the DOI income at issue, petitioners’ fishing permit is subject to lien and levy by respondent to pay that tax. See secs. 6321, 6331. In this regard, apparently there has been some dispute between the State of Alaska and the Internal Revenue Service as to whether permits like petitioners’ fishing permit constitute property or a right to property for purposes of secs. 6321 and 6331. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3445(c)(2), 112 Stat. 763; 144 Cong. Rec. S4518 (daily ed. May 7, 1998) (statement of Sen. Stevens) (“The State of Alaska has never conceded that these permits are property that may be seized by IRS. Yet, the IRS seizes them”.). However, in the instant case, the parties stipulated that petitioners’ fishing permit is an asset (i.e., property). In addition, it is noteworthy that, effective Aug. 1, 2000, petitioners may obtain a loan in an amount which does not exceed $30,000, see Alaska Stat. sec. 16.10.310 (Lexis 2000), and which is secured by petitioners’ fishing permit in order “to satisfy past due federal tax obligations that may result in the execution on and involuntary transfer of [that permit]”. Alaska Stat. sec. 16.10.310(a)(1)(A)(iii) (Lexis 2000). 15Assuming arguendo that we had found that the word “assets” as used in sec. 108(d)(3) does not include assets exempt from the claims of creditors under applicable State law, we nonetheless find on the record before us that petitioners have failed to establish that petitioners’ fishing permit qualifies in all instances as such an asset. On brief, petitioners rely on Alaska Stat. sec. 09.38.015(a)(8) (Lexis 2000), and on Alaska Stat. sec. 16.43.150(g) (Lexis 2000), to show that petitioners’ fishing (continued...)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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