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USC Title 26 enacted through 2008

§ 1398. Rules relating to individuals' title 11 cases

 
(a)
Cases to which section applies
 
Except as provided in subsection (b), this section shall apply to any case under chapter 7 (relating to liquidations) or chapter 11 (relating to reorganizations) of title 11 of the United States Code in which the debtor is an individual.
 
(b)
Exceptions where case is dismissed, etc.
 
(1)
Section does not apply where case is dismissed
 
This section shall not apply if the case under chapter 7 or 11 of title 11 of the United States Code is dismissed.
 
(2)
Section does not apply at partnership level
 
For purposes of subsection (a), a partnership shall not be treated as an individual, but the interest in a partnership of a debtor who is an individual shall be taken into account under this section in the same manner as any other interest of the debtor.
 
(c)
Computation and payment of tax; basic standard deduction
 
(1)
Computation and payment of tax
 
Except as otherwise provided in this section, the taxable income of the estate shall be computed in the same manner as for an individual. The tax shall be computed on such taxable income and shall be paid by the trustee.
 
(2)
Tax rates
 
The tax on the taxable income of the estate shall be determined under subsection (d) of section 1.
 
(3)
Basic standard deduction
 
In the case of an estate which does not itemize deductions, the basic standard deduction for the estate for the taxable year shall be the same as for a married individual filing a separate return for such year.
 
(d)
Taxable year of debtors
 
(1)
General rule
 
Except as provided in paragraph (2), the taxable year of the debtor shall be determined without regard to the case under title 11 of the United States Code to which this section applies.
 
(2)
Election to terminate debtor's year when case commences
 
(A)
In general
 
Notwithstanding section 442, the debtor may (without the approval of the Secretary) elect to treat the debtor's taxable year which includes the commencement date as 2 taxable years -
 
(i)
the first of which ends on the day before the commencement date, and
 
(ii)
the second of which begins on the commencement date.
 
(B)
Spouse may join in election
 
In the case of a married individual (within the meaning of section 7703), the spouse may elect to have the debtor's election under subparagraph (A) also apply to the spouse, but only if the debtor and the spouse file a joint return for the taxable year referred to in subparagraph (A)(i).
 
(C)
No election where debtor has no assets
 
No election may be made under subparagraph (A) by a debtor who has no assets other than property which the debtor may treat as exempt property under section 522 of title 11 of the United States Code.
 
(D)
Time for making election
 
An election under subparagraph (A) or (B) may be made only on or before the due date for filing the return for the taxable year referred to in subparagraph (A)(i). Any such election, once made, shall be irrevocable.
 
(E)
Returns
 
A return shall be made for each of the taxable years specified in subparagraph (A).
 
(F)
Annualization
 
For purposes of subsections (b), (c), and (d) of section 443, a return filed for either of the taxable years referred to in subparagraph (A) shall be treated as a return made under paragraph (1) of subsection (a) of section 443.
 
(3)
Commencement date defined
 
For purposes of this subsection, the term "commencement date" means the day on which the case under title 11 of the United States Code to which this section applies commences.
 
(e)
Treatment of income, deductions, and credits
 
(1)
Estate's share of debtor's income
 
The gross income of the estate for each taxable year shall include the gross income of the debtor to which the estate is entitled under title 11 of the United States Code. The preceding sentence shall not apply to any amount received or accrued by the debtor before the commencement date (as defined in subsection (d)(3)).
 
(2)
Debtor's share of debtor's income
 
The gross income of the debtor for any taxable year shall not include any item to the extent that such item is included in the gross income of the estate by reason of paragraph (1).
 
(3)
Rule for making determinations with respect to deductions, credits, and employment taxes
 
Except as otherwise provided in this section, the determination of whether or not any amount paid or incurred by the estate -
 
(A)
is allowable as a deduction or credit under this chapter, or
 
(B)
is wages for purposes of subtitle C,
 
shall be made as if the amount were paid or incurred by the debtor and as if the debtor were still engaged in the trades and businesses, and in the activities, the debtor was engaged in before the commencement of the case.
 
(f)
Treatment of transfers between debtor and estate
 
(1)
Transfer to estate not treated as disposition
 
A transfer (other than by sale or exchange) of an asset from the debtor to the estate shall not be treated as a disposition for purposes of any provision of this title assigning tax consequences to a disposition, and the estate shall be treated as the debtor would be treated with respect to such asset.
 
(2)
Transfer from estate to debtor not treated as disposition
 
In the case of a termination of the estate, a transfer (other than by sale or exchange) of an asset from the estate to the debtor shall not be treated as a disposition for purposes of any provision of this title assigning tax consequences to a disposition, and the debtor shall be treated as the estate would be treated with respect to such asset.
 
(g)
Estate succeeds to tax attributes of debtor
 
The estate shall succeed to and take into account the following items (determined as of the first day of the debtor's taxable year in which the case commences) of the debtor -
 
(1)
Net operating loss carryovers
 
The net operating loss carryovers determined under section 172.
 
(2)
Charitable contributions carryovers
 
The carryover of excess charitable contributions determined under section 170(d)(1).
 
(3)
Recovery of tax benefit items
 
Any amount to which section 111 (relating to recovery of tax benefit items) applies.
 
(4)
Credit carryovers, etc.
 
The carryovers of any credit, and all other items which, but for the commencement of the case, would be required to be taken into account by the debtor with respect to any credit.
 
(5)
Capital loss carryovers
 
The capital loss carryover determined under section 1212.
 
(6)
Basis, holding period, and character of assets
 
In the case of any asset acquired (other than by sale or exchange) by the estate from the debtor, the basis, holding period, and character it had in the hands of the debtor.
 
(7)
Method of accounting
 
The method of accounting used by the debtor.
 
(8)
Other attributes
 
Other tax attributes of the debtor, to the extent provided in regulations prescribed by the Secretary as necessary or appropriate to carry out the purposes of this section.
 
(h)
Administration, liquidation, and reorganization expenses; carryovers and carrybacks of certain excess expenses
 
(1)
Administration, liquidation, and reorganization expenses
 
Any administrative expense allowed under section 503 of title 11 of the United States Code, and any fee or charge assessed against the estate under chapter 123 of title 28 of the United States Code, to the extent not disallowed under any other provision of this title, shall be allowed as a deduction.
 
(2)
Carryback and carryover of excess administrative costs, etc., to estate taxable years
 
(A)
Deduction allowed
 
There shall be allowed as a deduction for the taxable year an amount equal to the aggregate of (i) the administrative expense carryovers to such year, plus (ii) the administrative expense carrybacks to such year.
 
(B)
Administrative expense loss, etc.
 
If a net operating loss would be created or increased for any estate taxable year if section 172(c) were applied without the modification contained in paragraph (4) of section 172(d), then the amount of the net operating loss so created (or the amount of the increase in the net operating loss) shall be an administrative expense loss for such taxable year which shall be an administrative expense carryback to each of the 3 preceding taxable years and an administrative expense carryover to each of the 7 succeeding taxable years.
 
(C)
Determination of amount carried to each taxable year
 
The portion of any administrative expense loss which may be carried to any other taxable year shall be determined under section 172(b)(2), except that for each taxable year the computation under section 172(b)(2) with respect to the net operating loss shall be made before the computation under this paragraph.
 
(D)
Administrative expense deductions allowed only to estate
 
The deductions allowable under this chapter solely by reason of paragraph (1), and the deduction provided by subparagraph (A) of this paragraph, shall be allowable only to the estate.
 
(i)
Debtor succeeds to tax attributes of estate
 
In the case of a termination of an estate, the debtor shall succeed to and take into account the items referred to in paragraphs (1), (2), (3), (4), (5), and (6) of subsection (g) in a manner similar to that provided in such paragraphs (but taking into account that the transfer is from the estate to the debtor instead of from the debtor to the estate). In addition, the debtor shall succeed to and take into account the other tax attributes of the estate, to the extent provided in regulations prescribed by the Secretary as necessary or appropriate to carry out the purposes of this section.
 
(j)
Other special rules
 
(1)
Change of accounting period without approval
 
Notwithstanding section 442, the estate may change its annual accounting period one time without the approval of the Secretary.
 
(2)
Treatment of certain carrybacks
 
(A)
Carrybacks from estate
 
If any carryback year of the estate is a taxable year before the estate's first taxable year, the carryback to such carryback year shall be taken into account for the debtor's taxable year corresponding to the carryback year.
 
(B)
Carrybacks from debtor's activities
 
The debtor may not carry back to a taxable year before the debtor's taxable year in which the case commences any carryback from a taxable year ending after the case commences.
 
(C)
Carryback and carryback year defined
 
For purposes of this paragraph -
 
(i)
Carryback
 
The term "carryback" means a net operating loss carryback under section 172 or a carryback of any credit provided by part IV of subchapter A.
 
(ii)
Carryback year
 
The term "carryback year" means the taxable year to which a carryback is carried.








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


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Tax Code (Internal Revenue Code) Section Index




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