David O. Alegria - Page 5

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               On October 17, 2001, NCO sent petitioner a collection letter           
          indicating that the amount owed was $39,627, but that the amount            
          due on October 31, 2001, was $6,000.  The letter further                    
          indicated that “Your regularly scheduled payment * * * is now due           
          according to the terms you arranged with our office.”  On October           
          31, 2001, petitioner paid NCO $6,000 with respect to his MBNA               
          account.                                                                    
               For 2001, NCO sent to petitioner a Form 1099-C, Cancellation           
          of Debt, reporting debt canceled on October 31, 2001, of $31,327.           
               On his Federal income tax return for 2001, petitioner did              
          not report the amount reported on the Form 1099-C.                          
               Respondent determined that petitioner failed to report on              
          his tax return for 2001 income from the cancellation of                     
          indebtedness of $31,327.  Respondent further determined that                
          petitioner is liable for the accuracy-related penalty for                   
          substantial understatement of income tax.                                   
                                     Discussion                                       
          A.   Discharge of Indebtedness                                              
               Gross income includes all income from whatever source                  
          derived, including but not limited to discharge of indebtedness.            
          Sec. 61(a)(12); sec. 1.61-12(a), Income Tax Regs.  A discharge of           
          indebtedness generally produces income in an amount equal to the            
          difference between the amount due on the obligation and the                 







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