¹See Henry, Why This Tax Loophole for Losers Should End, Business Week (5/12/03), at www.businessweek.com/@@NvX1sIcQj5npZRAA/magazine/content/
03_19/b3832100_mz020.htm.

²S. 1331, To Clarify Treatment of Tax Attributes Under Tax Code Section 108 for Taxpayers Which File Consolidated Returns, 108th Cong., 2d Sess (6/25/03).

³See Statement by Sen. Rick Santorum (R-Pa.) on Introduction of Legislation to Eliminate an Internal Revenue Code Loophole That Allows Some Bankrupt Companies to Avoid Paying Tax on Income From Debt Cancellation (6/25/03).

⁴United Dominion Industries, Inc., 532 US 822 (2001); for a discussion, see Blank, Weaver and Gordon, Tax Clinic, Applying Attribute Reduction under Sec. 108(b) in a Consolidated Group, 34 The Tax Adviser 128 (March 2003) and Heffernen and Ciszczon, Tax Clinic, Consolidated Sec. 108(b) Attribute ReductionPost-United Dominion, 33 The Tax Adviser 422 (July 2002).

⁵TD 9089 (8/29/03).