October Term 2000 · Docket 99-1295

Does debt discharge for insolvent S corporations count as income?

the sides that brought the case claim debt discharge is tax-exempt. The government says it is taxable income.

Official caption
Gitlitz v. Commissioner
Latest argument session
Latest official Court activity
Latest verified event
Argued
Sources analyzed through
Official Transcript

Verified source milestones

  1. — An official oral-argument transcript was verified.

The arguments, in order

This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.

  1. Argument 1 ·

    What happened at the argument

    Mr. Hallett stated the issue is limited due to the Commissioner's brief position.

    Mr. Jones argued Congress did not provide the unique double tax benefit.

    Mr. Jones asked if the discharge is income or tax-exempt income.

    A justice asked if other Courts of Appeals ruled against the government.

    Read the official transcript for this argument · Official argument details

    Sources used for this argument breakdown

A citizen's guide to the whole case

What this case is about

This case tests how the tax code treats debt forgiveness for insolvent S corporations. the sides that brought the case argue the discharge is tax-exempt income. The government argues it is taxable income that increases shareholder basis.

Official sources for this section

How the case got here

The Supreme Court heard oral argument in this case on October 2, 2000.

Official sources for this section

What each side wants

the sides that brought the case want the Court to treat debt discharge as tax-exempt income.

The government wants the Court to treat debt discharge as taxable income.

Official sources for this section

What each side says

the sides that brought the case argue the discharge is tax-exempt income flowing to shareholders.

The government argues Congress did not grant this unique double tax benefit.

Official sources for this section

What the justices asked

Have other Courts of Appeals ruled against the government on this point?

Official sources for this section

Why it matters

This dispute determines how shareholders report income from corporate debt forgiveness. It clarifies the tax status of discharged debt for insolvent entities. The outcome affects how taxpayers calculate their basis and income.

Official sources for this section

What happens next

This article currently covers the argument record. Use the official docket link for later case activity.

Official sources for this section

Official Court provenance

Official docket and case history · Official Supreme Court oral-argument detail page

Title and summary sources

Revision history

  1. Revision 1 · Official Transcript ·

    Correction: Rewritten to the concise citizen-facing editorial standard.

  2. Revision 2 · Official Transcript ·

    Correction: Migrated to the dated official Court activity contract without model use.

Download this sanitized case as JSON