- 31 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011