Marcia Ann Coppertino - Page 6

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          adjustments to the income, expenses, or the loss of that activity           
          as reported by petitioner.  Respondent’s sole adjustment in the             
          notice of deficiency is that petitioner realized gross income               
          from the cancellation of indebtedness by the SEC.  Petitioner               
          contends she was insolvent and, therefore, did not realize gross            
          income from cancellation of the debt owing to the SEC.                      
               Section 108(a)(1)(B) provides that the discharge of                    
          indebtedness does not constitute gross income when the taxpayer             
          is insolvent.  Respondent made no determination that petitioner             
          owned assets or had a net worth.  At trial, petitioner’s                    
          testimony was that her only asset consisted of an old automobile.           
          It appears to the Court that the vehicle had only minimal value,            
          if any.  It was not established that petitioner owned a home or             
          any property, and she testified she virtually “lived out of her             
          car”.  Given this testimony, counsel for respondent acknowledged,           
          in response to the Court’s query, that respondent had “no                   
          affirmative knowledge” of any assets owned by petitioner, and               
          this case was brought to trial “to at least see what she at one             
          time had and we believe that she could get”.  Respondent did not            
          develop at trial evidence of any assets owned by petitioner.  The           
          Court concludes that petitioner was insolvent and, therefore, is            
          entitled to relief under section 108(a)(1)(B) by reason of                  
          insolvency.  Petitioner, therefore, is sustained on the principal           
          issue.  It follows, therefore, that petitioner is not liable for            





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