122 T.C. No. 20 UNITED STATES TAX COURT OREN L. BENTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 7602-02. Filed May 12, 2004. P’s ch. 11 bankruptcy commenced in 1995, and he was discharged upon the confirmation of his plan of reorganization during 1997. Effectively, at the time of confirmation, all of the estate’s assets were transferred to a liquidating trust for the benefit of creditors. P had net operating losses (NOLs) that arose in years prior to the bankruptcy commencement. P’s bankruptcy estate also incurred tax losses. The bankruptcy estate succeeded to P’s precommencement NOLs. Under sec. 1398(i), I.R.C., P would succeed to the tax attributes (NOLs) of the bankruptcy estate, upon its termination. P contends that his ch. 11 bankruptcy terminated upon the confirmation of the plan and the discharge of the debtor. R contends that a ch. 11 bankruptcy does not terminate until closed by a final order of a bankruptcy court.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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