Kevin and Deborah Keith - Page 3




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          other court, and this opinion shall not be cited as precedent for           
          any other case.                                                             
               Respondent determined a $12,448 deficiency in petitioners’             
          2002 Federal income tax and imposed a $2,490 section 6662(a)                
          accuracy-related penalty.  The issues for decision are:  (1)                
          Whether petitioners realized cancellation of indebtedness income            
          as a result of a foreclosure proceeding involving their                     
          residence; and, if so (2) whether the underpayment of tax                   
          required to be shown on petitioners’ 2002 Federal income tax                
          return is a substantial understatement of income tax.                       
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          Petitioners are married to each other.  Their joint 2002 Federal            
          income tax return was timely filed.  At the time the petition was           
          filed, they resided in Pennsylvania.                                        
               In 1994, petitioners purchased a parcel of land in                     
          Tobyhanna, Pennsylvania, for the purpose of constructing a house            
          to be used as the family residence (the property).  Petitioners             
          financed the purchase of the land and/or the construction of the            
          house through a $118,825 loan (the loan) from America’s Wholesale           
          Lender, now know as Countrywide Home Loans, Inc. (Countrywide).             
          The loan was evidenced by a note and secured by a mortgage on the           
          property, each dated September 2, 1994.                                     








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