- 17 - petitioners’ financial hardships, and assuming arguendo that petitioners did establish basis using the public property records, and did establish that they were insolvent,4 petitioners are incorrect as a matter of law in stating that they had net operating losses. Federal law provides that, generally, a taxpayer must recognize income from the discharge of indebtedness. Sec. 61(a)(12); United States v. Kirby Lumber Co., 284 U.S. 1 (1931). The Code provides an exception to the recognition of cancellation of indebtedness income in cases where the discharge occurs when the taxpayer is insolvent. See sec. 108(a)(1)(B); see also Babin v. Commissioner, 23 F.3d 1032, 1035 (6th Cir. 1994), affg. T.C. Memo. 1992-673. Section 108(b)(1) provides in turn that, upon discharge, the taxpayer must reduce certain tax attributes by the amount of the cancellation of indebtedness income excluded from gross income. Section 108(b)(2) provides that NOLs are the first tax attribute to be reduced,5 and section 108(b)(3) provides that they be reduced dollar-for-dollar by the amount of the cancellation of indebtedness income excluded under section 108(a). Petitioners have not proven that they did not have cancellation of 4 The Court makes no such findings. 5 A taxpayer can elect to reduce the basis of any depreciable property by the amount of debt discharged before reducing the amount of any other tax attributes. Sec. 108(b)(5). Petitioners did not make such an election.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011