H. Dee Johnson, Jr. and Mary L. Johnson, n.k.a. Mary L. Alphin - Page 6

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          case”.  Section 108(d)(2) provides that the term “title 11 case”            
          means “a case under title 11 of the United States Code (relating            
          to bankruptcy), but only if the taxpayer is under the                       
          jurisdiction of the court in such case and the discharge of                 
          indebtedness is granted by the court or is pursuant to a plan               
          approved by the court.”  Section 108(b) provides that the amount            
          excluded from gross income under section 108(a)(1) must be                  
          applied to reduce certain tax attributes of the taxpayer,                   
          including any NOL of the taxpayer for the taxable year of the               
          discharge and any NOL carryover to that year.                               
               The parties are in agreement that the business debt became             
          worthless in the hands of the trustee, producing a deductible               
          loss of $153,000.  They are in disagreement as to the amount of             
          petitioner’s debt discharged by operation of the discharge order.           
          Petitioner appears to argue that, because the trustee’s final               
          report (accepted by the bankruptcy court) does not list the CMI             
          debts as claims against the bankruptcy estate, those debts were             
          not discharged.  Respondent disagrees.  On that point--whether,             
          by the discharge order, petitioner was discharged from the CMI              
          debts--we agree with respondent.  Petitioner misunderstands the             
          bankruptcy law.                                                             
               The CMI debts are not listed in the trustee’s final report             
          because CMI did not file proofs of claim with respect thereto.  A           
          proof of claim is the mechanism by which a creditor seeks                   






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