Supreme Court of the United States

Gitlitz v. Commissioner of Internal Revenue

January 9, 2001531 U.S. 206

Summary

The Court held that excluded discharge of indebtedness for an insolvent S corporation is an 'item of income' that passes through to shareholders to increase stock basis. It further held that this basis increase occurs before reduction of tax attributes under § 108(b), allowing shareholders to deduct suspended losses. Justice Breyer dissented, arguing the statute should be interpreted to close a tax loophole.