The rule of Kirby Lumber was first codified in the Internal Revenue
Code of 1954 section 61(a)(12). 34 This had no appreciable effect
upon the law, and the existing judge-made exceptions continued
in effect as before. 35 Many, but not all of the exceptions were
later codified in 1980 under section 108 of the Code. 6
Under present law, bankrupt and insolvent taxpayers are not required
to recognize COD income currently.3 7 Instead, the tax is deferred
by mandatory reduction of the taxpayer's NOLs and other