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On Friday, the Treasury Department issued final regulations under Code section 1001 relating to the modification of debt instruments. In relevant part, the regulation provides that, following the modification of a debt instrument, the classification of the modified instrument as debt or equity for federal income tax purposes does not take into account any deterioration in the financial condition of the obligor. Treas. Reg. § 1.1001-3(f)(7)(ii)(A).
The only public comment on the proposed regulations noted that the existing regulation does not contain rules for determining ...