- 7 - holding in Carlson produces an anomalous result, in the light of other provisions of section 108. Section 108(a)(1)(A) provides that gross income does not include “any amount which * * * would be includable in gross income by reason of the discharge * * * of indebtedness * * * if the discharge occurs in a title 11 case”. Therefore, petitioners point out, under the Carlson rationale, a taxpayer who declares bankruptcy would not be required to include discharge of indebtedness in gross income, whereas a taxpayer seeking to pay his debts and avoid bankruptcy would potentially find himself burdened with additional tax as a consequence. Petitioners are correct in this description of the statutory regime as determined under Carlson. However, consistent with congressional purpose in according a debtor coming out of bankruptcy a “fresh start” and leaving him unburdened with an immediate tax liability, Carlson v. Commissioner, supra at 95, we see nothing anomalous in a statutory framework that simultaneously requires solvent taxpayers, like petitioners, to pay taxes according to the usual formula.3 Furthermore, not following our precedent in Carlson would produce anomalous results. 3We note that sec. 108(a)(3) limits the amount of discharged indebtedness that is excludable from gross income under the insolvency provision to the amount by which the taxpayer is insolvent. No such limitation applies when discharge occurs in a title 11 case, such being another example of the statutory framework that distinguishes between bankrupt and nonbankrupt taxpayers.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011