Jerry Myers Johnson - Page 3




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          unpaid interest, $3,672 in escrow fees, and $3,561 in liquidation           
          expenses.  The parties have stipulated that, in March 1994, 4               
          months before the foreclosure sale, the property had a fair                 
          market value of $105,000, and that, after the sale, PNC dis-                
          charged the balance due in the amount of $66,763.  Petitioner was           
          not insolvent when the discharge occurred.                                  
               PNC issued petitioner a Form 1099-C (Cancellation of Debt),            
          reflecting that he had received $66,763 in discharge of indebted-           
          ness income during 1994.  Petitioner did not report any of this             
          amount on his 1994 Federal income tax return.  In the notice of             
          deficiency, respondent increased petitioner's income by $66,763.            
          Respondent now concedes that petitioner need report only the                
          amount by which the outstanding balance of the loan exceeds the             
          fair market value of the property.  Respondent concedes further             
          that, under section 108(e)(2), petitioner is entitled to exclude            
          the accrued interest of $23,489 from the discharged indebtedness,           
          because payment of that liability would have given rise to a                
          deduction.  Thus, according to respondent, the difference of                
          $55,014 (outstanding loan balance of $160,014, less the proper-             
          ty's fair market value of $105,000, as stipulated) represents               
          petitioner's discharge of indebtedness, of which only $31,525 is            
          taxable because of the accrued interest exclusion.                          
               Petitioner admits to realizing discharge of indebtedness               
          income.  He argues, however, that the full amount should be                 





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