Supreme Court of the United States

Gitlitz v. Commissioner of Internal Revenue — Breyer, J., Dissenting

January 9, 2001531 U.S. 206

Summary

Justice Breyer dissents, arguing the majority's reading of §108(d)(7)(A) permits solvent shareholders of insolvent S corporations to shelter unrelated income through suspended loss deductions. He prefers an exclusive reading that applies exclusion and basis-reduction at the corporate level to avoid loopholes and treat shareholders equally.