This article will explore the development of section 108, using the three major economic crises mentioned above as a timeline. Part II discusses the judicial debate of whether gross income should include discharge of indebtedness. Part III discusses the development of the insolvency exception following the Supreme Court's decision in Kirby Lumber, which held that gross income includes discharge of indebtedness. More specifically, it provides a discussion of court decisions that carved out exceptions to Kirby Lumber to provide tax relief to struggling businesses impacted by the Great Depression. This part closes with a discussion of the codification of the insolvency exception, under the Bankruptcy Tax Act of 1980. Part IV will discuss the history of the Farm Credit Crisis, its impact on farmers, and the amendment to section 108, which offered tax relief to solvent farmers whose debts were cancelled. Also, included in this part is a discussion of some of the criticisms of the amended provision. Finally, Part V will focus on the housing crisis, which led to the latest amendment to section 108. This part will explain the situation leading up to the housing collapse, followed by a critique of its overall effectiveness.
Armstrong, Monica D.
"From the Great Depression to the Current Housing Crisis: What Code Section 108 Tells Us About Congress's Response to Economic Crisis,"
Akron Tax Journal: Vol. 26
, Article 3.
Available at: https://ideaexchange.uakron.edu/akrontaxjournal/vol26/iss1/3