- 23 - As a consequence, sec. 346(i)(2) remains inapplicable to the federal tax laws, even though it was originally drafted with those laws in mind. [Id.] The Court of Appeals also pointed out that, while Congress had section 346(i)(2) of the Bankruptcy Code in mind when enacting section 1398(i), Congress drafted section 1398(i) to stand on its own and have distinct differences from section 346(i)(2) of the Bankruptcy Code. It was not a matter of coincidence that section 346(i)(2) of the Bankruptcy Code and section 1398(i) were enacted approximately 2 years apart. Congress, in the first instance, used the term “closed” in section 346 of the Bankruptcy Code and then chose to use the term “termination” in the subsequent enactment of section 1398. If Congress had intended for tax attributes to pass from a bankruptcy estate to a debtor at the same point in the proceeding under titles 11 and 26 of the United States Code, the term “closed” or “termination” could have been used in both provisions. However, Congress chose not to use the same language, and some distinction may reasonably be drawn from this difference. Another possible reason for Congress’s use of the phrase “termination of an estate” in section 1398(i) was to provide symmetry for use of that phrase in subsection (f) of section 1398. The phrase “termination of the estate” is also used in section 1398(f)(2). Where Congress uses the same term or phrasePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011