- 7 - the net operating loss carryover and carryback provisions “were enacted to ameliorate the unduly drastic consequences of taxing income strictly on an annual basis. They were designed to permit a taxpayer to set off its lean years against its lush years, and to strike something like an average taxable income computed over a period longer than one year.” [United States v. Foster Lumber Co., 429 U.S. 32, 42 (1976) (quoting Libson Shops, Inc. v. Koehler, 353 U.S. 382, 386 (1957)).] The parties agree that if the bankruptcy estate had terminated in 1994 before the death of Mr. Lassiter, sections 172 and 1398(i) would allow Mr. Lassiter to succeed to the NOLs of the bankruptcy estate and would allow petitioners to apply those NOLs on the Lassiters’ 1994 tax return. The parties also generally agree on the operation of section 1398, which was enacted as part of the Bankruptcy Tax Act of 1980, Pub. L. 96-589, sec. 3, 94 Stat. 3397. In general, and so far as is relevant to this case, the operation of section 1398 is summarized as follows. The filing of a bankruptcy petition under Chapter 11 creates a new taxable entity, the bankruptcy estate, that is separate from the debtor. Sec. 1398. The bankruptcy estate computes its taxable income in the same manner as an individual does, except that the entity must use the tax rates applicable to a married individual filing a separate return. Sec. 1398(c). Further, the bankruptcy estate succeeds to and takes into account the individual debtor’s tax attributes (e.g., any NOL carryforward). Sec. 1398(g). In the case of NOLs, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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