- 8 - In Hunt v. Commissioner, T.C. Memo. 1989-335, decided with respect to a taxable year prior to the effective date of section 108(a)(1)(B) and (d)(3), we held, as petitioners wish us to hold today, that assets exempt from the claims of creditors by State law were excluded from the definition of assets for purposes of determining whether a nonbankrupt debtor was insolvent. This entailed our holding that exempt assets included assets that, in the event of bankruptcy, would be protected from the reach of creditors under State exemptions, and not Federal exemptions, even though (1) State law permitted debtors to elect either State exemptions or Federal exemptions, and (2) Federal exemptions would be more beneficial. In furtherance of this holding, we noted: While this conclusion may lead to different results for taxpayers who actually file for bankruptcy and those who do not, we note that different answers also result from those debtors who file for bankruptcy and reside in different states. The reason for the lack of consistency is twofold. First, the Federal exemptions must be elected. Second, many states do not allow their residents to choose Federal exemptions over those offered by the state. Therefore, no matter what path we choose today [in deciding whether state exemptions or Federal exemptions are to be used], we still cannot guarantee nationwide uniformity in determining which assets are exempt from the claims of creditors when making a determination of solvency. [Fn. ref. omitted.] Excluding assets exempt under State bankruptcy law from the section 108 definition of assets would result in inconsistencies among taxpayers in different States that have different exemption categories or amounts, another anomaly. In any event, sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011