Kevin and Deborah Keith - Page 7




                                        - 6 -                                         
          of the parties’ positions that we find to have no merit, we make            
          the following findings regarding petitioners’ financial status              
          immediately before the discharge:  (1) The fair market value of             
          the property subject to the foreclosure proceeding was $90,000              
          (per stipulation of the parties); (2) petitioners had other                 
          assets totaling $43,715 (per stipulation of the parties); (3)               
          petitioners’ liability to Countrywide was not less than $143,280            
          (per stipulation of the parties); and (4) petitioners’ other                
          liabilities totaled not more than $12,224.79 (liabilities                   
          substantiated per stipulation of the parties).  Plugging these              
          amounts into the equation contemplated by the statute, we find,             
          as respondent acknowledges in his brief, that immediately before            
          the discharge, petitioners’ liabilities exceeded their assets by            
          $21,790.59, and therefore, within the meaning of section                    
          108(a)(1)(B), petitioners were insolvent to that extent for                 
          purposes of section 108.                                                    
               Section 108(a)(3) limits the exclusion provided in section             
          108(a)(1)(B) to the “amount by which the taxpayer is insolvent.”            
          Applying the $21,790.59 exclusion against the $22,035 discharged            
          results in $244.41 that is includable in petitioners’ 2002                  
          income as a result of the discharge of their indebtedness to                
          Countrywide.                                                                
               Respondent imposed a section 6662(a) accuracy-related                  
          penalty upon the ground that the underpayment of tax required to            







Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: March 27, 2008