26 C.F.R. § 1.108-5

Time and manner for making election under the Omnibus Budget Reconciliation Act of 1993

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(a) Description. Section 108(c)(3)(C), as added by section 13150 of the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66, 107 Stat. 446), allows certain noncorporate taxpayers to elect to treat certain indebtedness described in section 108(c)(3) that is discharged after December 31, 1992, as qualified real property business indebtedness. This discharged indebtedness is excluded from gross income to the extent allowed by section 108.

(b) Time and manner for making election. The election described in this section must be made on the timely-filed (including extensions) Federal income tax return for the taxable year in which the taxpayer has discharge of indebtedness income that is excludible from gross income under section 108(a). The election is to be made on a completed Form 982, in accordance with that Form and its instructions.

(c) Revocability of election. The election described in this section is revocable with the consent of the Commissioner.

(d) Effective date. The rules set forth in this section are effective December 27, 1993.

[T.D. 8688, 61 FR 65322, Dec. 12, 1996. Redesignated by T.D. 8787, 63 FR 56563, Oct. 22, 1998]

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Ogamba v. Comm'r, 2016 T.C. Memo. 105 (Tax Ct. 2016).

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Ogamba v. Comm'r, 2016 T.C. Memo. 105 (Tax Ct. 2016). · cites it 2× “The record does not show that these requirements have been met for any of the three debts canceled in 2010.”

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