- 6 - 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 seeksPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011