Chester L. Price - Page 6

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               The partnership’s chapter 11 bankruptcy was a case under               
          title 11 of the United States Code.  See 11 U.S.C. ch. 11 (2000).           
          Pursuant to its December 19, 1995, order, the bankruptcy court              
          discharged and released petitioner from all liability to the                
          trustee, the bank, and all other creditors that might have claims           
          arising from or relating to the partnership, petitioner’s status            
          as a general partner in the partnership, and the April 9, 1985,             
          personal guaranty agreement.  In the same order, the bankruptcy             
          court explicitly asserted its jurisdiction over petitioner for              
          this purpose.  Giving due regard to principles of judicial                  
          comity, we discern no reason to second-guess the bankruptcy                 
          court’s assertion of jurisdiction over petitioner in the                    
          partnership’s chapter 11 bankruptcy case.  See 28 U.S.C. secs.              
          151, 157, 1334 (2000).                                                      
               We conclude that petitioner’s debts in question were                   
          discharged “in a title 11 case” within the meaning of section               
          108(d)(2).  Accordingly, we hold that petitioner’s discharge of             
          indebtedness income is excludable from gross income pursuant to             
          section 108(a)(1)(A).                                                       
               We have considered all arguments raised by the parties.                
          Arguments not addressed herein are moot, irrelevant, or without             
          merit.                                                                      
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for petitioner.                          






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