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Liossatos el al, following the death of the rent controlled prime tenant, the decedent's nephew came forward, asserting that he was in occupancy of the apartment and was entitled to succeed to the rent controlled tenancy.
Therefore, as a matter of law, the nephew had no entitlement to succeed to the former rent controlled tenancy.
that a bankruptcy estate did not succeed to an individual debtor's passive activity losses and credits, because there were no regulations under Sec.
1398-1(c), providing that a bankruptcy estate does succeed to the unused passive activity losses and credits of an individual debtor in a Chapter 7 or Chapter 1 1 case; the proposed rules also offer parallel treatment for losses suspended under the at-risk rules.
Under the proposed regulations, the debtor would succeed to the estate's unused or suspended passive activity losses and credits and at-risk losses allocable to the transferred activity or property.
1398(g) provides that a bankruptcy estate will succeed to and take into account certain attributes, including net operating loss carryovers under Sec.
1398(g) list by issuing regulations (evidenced by recently issued proposed regulations that would allow an individual debtor's unused passive activity losses and credits to succeed to a bankruptcy estate), it is clear that the list of tax attributes to which a bankruptcy estate may succeed is meant to be exclusive.
1398(g)(1) through (8) provide that the estate will succeed to
a specific list of the debtor's tax attributes, including: * Net operating losses.