Ann M. Lassiter and Estate of Henry A. Lassiter - Page 8




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          bankruptcy estate succeeds to the NOLs as determined under                  
          section 172, as of the first day of the individual debtor’s                 
          taxable year in which the case commences.  Sec. 1398(g)(1).  The            
          NOLs as determined by a calendar year individual debtor, as of              
          January 1 of the year the debtor files a bankruptcy petition, go            
          to the bankruptcy estate for its exclusive use for the benefit of           
          the creditors on the commencement date.  Id.   The individual               
          debtor then succeeds to and takes into account the NOLs of the              
          bankruptcy estate at the termination of the bankruptcy case.                
          Sec. 1398(i).  This includes both the remaining NOLs that the               
          bankruptcy estate succeeded to under section 1398(g) and the                
          unused tax attributes accumulated by the operation of the                   
          bankruptcy estate. Id.2  The years in which the debtor may use              

               2 Specifically, subsecs.(g) and (i) of sec. 1398 provide:              
                    SEC. 1398(g).  Estate Succeeds to Tax Attributes                  
               of Debtor.--The estate shall succeed to and take into                  
               account the following items (determined as of the first                
               day of the debtor’s taxable year in which the case                     
               commences) of the debtor–-                                             
                         (1) Net operating loss carryovers.–-The net                  
                    operating loss carryovers determined under section                
                    172.                                                              
                              *    *    *    *    *    *    *                         
                    (i)  Debtor succeeds to tax attributes of                         
               estate.–-In the case of a termination of an estate, the                
               debtor shall succeed to and take into account the items                
               referred to in paragraphs (1), (2), (3), (4), (5) and                  
               (6) of subsection (g) in a manner similar to that                      
               provided in such paragraphs (but taking into account                   
                                                             (continued...)           





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