Aron B. Katz and Phyllis A. Katz - Page 16




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          as a matter of law.  See Rule 121(b); Sundstrand Corp. v.                   
          Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th               
          Cir. 1994).  As there exists no factual dispute pertaining to the           
          disputed allocation, we shall address the legal issue before us.            
               Gross income of a bankruptcy estate is defined as the gross            
          income of the debtor to which the estate is entitled pursuant to            
          the U.S. Bankruptcy Code.  See sec. 1398(e)(1).  Under bankruptcy           
          law, the bankruptcy estate is entitled to the income generated by           
          property of the estate, see 11 U.S.C. sec. 541(a)(6), and a                 
          debtor’s partnership interest becomes property of the estate upon           
          the filing of the bankruptcy petition, see id. sec. 541(a)(1).              
          Gross income of the estate, however, does not include amounts               
          received or accrued by the debtor prior to the commencement of              
          the bankruptcy proceeding.  See sec. 1398(e)(1).  Gross income of           
          the debtor is that which remains after excluding those items                
          which are included in gross income of the estate.  See sec.                 
          1398(e)(2).                                                                 
               With section 1398 in mind, we turn to the relevant                     
          provisions governing the income taxation of partners and                    
          partnerships.  A partner must include in gross income his share             
          of income, gain, loss, deduction, or credit for any taxable year            
          of the partnership ending with or within the partner’s taxable              
          year.  See sec. 706(a); see also sec. 1.706-1(a)(1), Income Tax             
          Regs.  The critical date under this provision is the last day of            






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