Lawrence G. Williams - Page 8

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          and the estate is treated as the debtor would be treated with               
          respect to that asset.  Therefore, the Estate is treated as if it           
          had owned all the shares of Davidge and Kuma for the entire year            
          and, accordingly, is entitled to the entire loss that each of               
          Davidge and Kuma generated during 1990, including the loss                  
          attributable to each corporation for the period January 1 through           
          December 3, 1990.                                                           
               Section 1398(e)(1) specifically addresses how income or loss           
          should be allocated between the individual debtor and the                   
          bankruptcy estate.  The bankruptcy estate is entitled to the                
          individual debtor’s items of income or loss from the bankruptcy             
          commencement date under section 1398(e)(1) while any items of               
          income or loss that the individual debtor received or accrued               
          before filing for bankruptcy remain with the debtor.10                      
               We find that petitioner did not receive or accrue any items            
          of income or loss from Davidge or Kuma in 1990 before he filed              
          for bankruptcy.  Income or loss of an S corporation is determined           
          as of the last day of the corporation’s taxable year.  We find              
          that, because petitioner filed for bankruptcy before the last day           
          of the S corporations’ tax year, losses of the corporations for             
          that year flow through in their entirety to the bankruptcy                  
          estate, and in no part to him.                                              
               We held similarly in the partnership context in Gulley v.              
          Commissioner, T.C. Memo. 2000-190.  In Gulley, we interpreted               
          section 1398 as it pertained to a partnership interest of an                

               10The parties stipulated that petitioner did not elect to              
          bifurcate the 1990 tax year into short, prepetition and                     
          postpetition, years pursuant to sec. 1398(d)(2).                            




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