- 9 - estate”. Petitioner contends that, in the context of his chapter 11 bankruptcy reorganization, the estate terminated at the time of the confirmation of the plan of reorganization and discharge of the debtor.3 Respondent contends that the bankruptcy estate does not terminate until the bankruptcy proceeding is formally closed.4 We must resolve this threshold question before considering whether petitioner is entitled to use certain net operating loss deductions from the bankruptcy estate. The relationship, for Federal tax purposes, between a bankrupt and a chapter 11 bankruptcy estate has been described 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 [net operating loss] 3 Our consideration of the issues in this case is limited to the effect of sec. 1398 in the context of an individual ch. 11 bankruptcy reorganization. 4 We note that at the time of the filing of the motion for summary judgment, the bankruptcy court had not entered a final order closing petitioner’s ch. 11 proceeding. If we were to hold that the closing of the bankruptcy proceeding was the time of “termination”, the bankruptcy estate’s tax attributes would not transfer to petitioner until the closing of the estate. That could create a situation where petitioner would not be able to use the tax attributes even though the bankruptcy estate no longer controlled the assets or needed the tax attributes.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011