Lawrence G. Williams - Page 10

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               In these cases, by operation of bankruptcy law, the shares             
          of Davidge and Kuma became property of the Estate when petitioner           
          filed his bankruptcy petition on December 3, 1990.  Before that             
          date, none of the loss generated by Davidge or Kuma during 1990             
          was distributable to petitioner.  The Estate held the shares on             
          December 31, 1990, the taxable yearend for both corporations.               
          There was no taxable disposition, and the Estate is treated as              
          petitioner would have been treated with respect to the shares of            
          Davidge and Kuma under section 1398(f)(1).  Thus, the                       
          corporations’ losses flowed through to the Estate rather than to            
          petitioner.                                                                 
               We next address petitioner’s argument that, because                    
          subsection (g)(1) is the only subsection of section 1398 that               
          deals specifically with losses, section 1398(g)(1) controls to              
          entitle petitioner to the losses generated during the year in               
          which he filed for bankruptcy.  Petitioner reasons that the                 
          Estate succeeds solely to the debtor’s net operating loss                   
          carryovers under section 172 “determined as of the first day of             
          the debtor’s taxable year in which the case commences”.  Sec.               
          1398(g).  By focusing on the language “determined as of the first           
          day of the debtor’s taxable year in which the case commences” in            
          section 1398(g)(1), petitioner argues that the Estate does not              
          succeed to any loss Davidge or Kuma generated during the year in            
          which petitioner filed bankruptcy.                                          
               Petitioner misconstrues section 1398(g)(1).  While section             
          1398(g)(1) deals with losses, it deals only with carryover losses           
          (i.e., losses generated before the year in which the individual             





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