T.C. Memo. 2004-37
UNITED STATES TAX COURT
H. DEE JOHNSON, JR. AND MARY L. JOHNSON, n.k.a. MARY L. ALPHIN,
Petitioners v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 10839-99. Filed February 17, 2004.
Held: PH’s debts to lender were discharged
pursuant to discharge order in ch. 7 bankruptcy case,
notwithstanding failure of lender to file proofs of
claim; lender’s foreclosure therefore gave rise to
excludable discharge of indebtedness income, which
reduced PH’s tax attributes pursuant to sec. 108(b),
I.R.C., in amount of unsatisfied debt to lender
remaining after foreclosure.
H. Dee Johnson, Jr., pro se.
Donna B. Read, for respondent.
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