Lawrence G. Williams - Page 12

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          from gross income in the year of discharge under section 108(a).            
          In exchange for this exclusion, certain tax attributes that pass            
          to the debtor from the bankruptcy estate must be reduced by the             
          amount of debt discharged.  Sec. 108(b)(2).  One such tax                   
          attribute is any remaining loss carryforward.  Id.                          
               Petitioner was discharged in bankruptcy in 1997.  Instead of           
          petitioner succeeding to any loss carryforward from the Estate in           
          1997, respondent argues that any loss carryforward must be                  
          reduced dollar for dollar by the amount of debt discharged.  We             
          agree.                                                                      
               The net operating loss that each of Davidge and Kuma                   
          sustained in 1990 flowed through on December 31, 1990, to the               
          Estate, the sole shareholder at both S corporations’ yearend.               
          The Estate carried forward these losses through 1997, the year in           
          which the bankruptcy proceedings terminated.  When petitioner was           
          discharged in bankruptcy, any remaining losses in the Estate                
          would have passed to him under section 1398(i).  However, the               
          discharged $4 million Citibank loan created COD income that was             
          excluded from petitioner’s gross income under section 108(a).               
          Thus, any loss carryforward--in this case, the loss approximating           
          $3,500,000--otherwise available to petitioner upon the                      
          termination of the Estate is reduced dollar for dollar for the              
          excluded COD income under section 108(b)(2).  Therefore, any loss           
          carryforward of the Estate to which petitioner succeeded was                
          reduced to zero under section 108(b)(2)(A).  Petitioner had no              
          loss in 1997 to recognize in that year or to carry forward to               
          subsequent years.                                                           





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