Aron B. Katz and Phyllis A. Katz - Page 28




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          Code which assigns tax consequences to a disposition.  See also             
          Gulley v. Commissioner, T.C. Memo. 2000-190; Smith v.                       
          Commissioner, T.C. Memo. 1995-406.  As the transfer of Mr. Katz’            
          partnership interests to his bankruptcy estate did not constitute           
          a triggering event under section 706(c)(2), Mr. Katz did not                
          thereby experience a “change in interest” under section                     
          706(d)(1).  Section 706(d)(1) thus has no application to this               
          case.                                                                       
               4.   Conclusion as to Disputed Allocation                              
               We hold that the prepetition partnership losses were                   
          properly reportable in their entirety by Mr. Katz’ bankruptcy               
          estate pursuant to sections 706(a) and 1398(e).14  We therefore             
          sustain respondent’s disallowance of the NOL carryovers claimed             
          by petitioners for tax years 1991 to 1994, to the extent those              
          carryovers are attributable to the prepetition partnership losses           
          Mr. Katz claimed on his separately filed return for 1990.                   














               14  To the extent not discussed in this opinion, we find               
          petitioners’ arguments in favor of a contrary holding to lack               
          merit.                                                                      



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