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 basis. It further held that basis adjustment occurs before tax attribute reduction under § 108(b). Justice Breyer, dissenting, argued for a literal reading of § 108(d)(7)(A) that would prevent flow-through to shareholders.