- 9 - individual partner who filed for bankruptcy. At issue in Gulley was whether a partnership loss incurred during the year in which the individual partner filed for bankruptcy flowed through to the partner or his bankruptcy estate. We held that the bankruptcy petition did not cause the partnership taxable year to close and that the prepetition losses flowed through to the bankruptcy estate, not the individual partner. Our rationale in Gulley applies to these cases. Although there are distinctions between partnerships and S corporations, none mandate a different result here from our opinion in Gulley. Both S corporations and partnerships determine income or loss as of the last day of the entity’s tax year. See secs. 706(a), 1366(a). The transfer of shares of an S corporation or a partnership interest to an individual bankruptcy estate when the debtor files for bankruptcy does not trigger tax consequences under section 1398(f)(1) and therefore does not require calculating items of income or loss as between the individual debtor and the estate. In Gulley and in these cases, the bankruptcy estate held the entire interest in each respective entity as of the entity’s tax yearend. Neither the transfer by the taxpayer in Gulley, nor the transfer by petitioner, to his respective bankruptcy estate is a taxable disposition under section 1398(f)(1). See also Smith v. Commissioner, T.C. Memo. 1995-406. Accordingly, as in Gulley, the bankruptcy estate, not petitioner, is entitled to the income or loss of the S corporations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011