Roderick E. Carlson and Jeanette S. Carlson - Page 31




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          parties agree that if we were to so hold, petitioners would not             
          be “insolvent” within the meaning of section 108(d)(3), and the             
          insolvency exception of section 108(a)(1)(B) would not apply to             
          the $42,142 of DOI income resulting from the foreclosure sale in            
          question.  Consequently, we sustain respondent’s determination to           
          include that DOI income in petitioners’ gross income for the year           
          at issue.                                                                   
          Accuracy-Related Penalty--Section 6662                                      
               Respondent determined that petitioners are liable for the              
          year at issue for the accuracy-related penalty under section                

               15(...continued)                                                       
          permit is exempt from creditors’ claims under the laws of the               
          State of Alaska.  Petitioners are correct that Alaska Stat. sec.            
          09.38.015(a)(8) (Lexis 2000) generally exempts limited entry                
          fishing permits like petitioners’ fishing permit from the claims            
          of creditors.  See also Alaska Stat. sec. 09.38.500(5) (Lexis               
          2000).  In addition, Alaska Stat. sec. 16.43.150(g)(1) (Lexis               
          2000) provides that such permits cannot be “pledged, mortgaged,             
          leased, or encumbered in any way”, except as specifically pro-              
          vided in certain enumerated sections of the Alaska statutes.                
          However, petitioners fail to indicate that limited entry fishing            
          permits, like petitioners’ fishing permit, are not exempt from              
          creditors’ claims under Alaska law for all purposes and that such           
          permits may be used to secure a loan for the payment of past due            
          Federal tax obligations.  For example, petitioners do not discuss           
          the effect of Alaska Stat. sec. 09.38.065 (Lexis 2000), which               
          allows under certain circumstances creditors to make claims                 
          against certain assets that are generally exempt from creditors’            
          claims under certain provisions of the Alaska statutes.  In                 
          addition, petitioners do not mention that petitioners’ fishing              
          permit is subject to lien and levy by respondent.  See supra                
          n.14.  Nor do petitioners address the effect of recently enacted            
          legislation in Alaska that allows petitioners to obtain a loan in           
          an amount not exceeding $30,000, secured by petitioners’ fishing            
          permit, in order to pay their past due Federal tax liabilities              
          that may result in the execution on and involuntary transfer of             
          petitioners’ fishing permit.  See supra n.14.                               





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