Stuart R. Quartemont and Velvet F. Quartemont - Page 8

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         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.                                                                  




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