Henry P. and Darlene C. Brantley - Page 7

                                                  -7-                                                   
                  The revenue agent requested petitioners to produce pertinent                          
            information regarding the stock transfer and cancellation of                                
            indebtedness, as well as the circumstances surrounding these                                
            events.  Petitioners failed to do so.                                                       
                  The revenue agent did not possess sufficient facts to                                 
            understand the 1987 and 1990 transactions that transferred stock                            
            ownership of Elite from Mr. Hargis to petitioner. The documentary                           
            evidence that the agent possessed indicated that after the two                              
            April 1990 transactions, petitioner was the owner of all the                                
            outstanding Elite stock and no longer was indebted to Elite.                                
                  Because the parties were unable to reach an agreement with                            
            respect to the discharge of indebtedness income, respondent issued                          
            a notice of deficiency on March 11, 1994.  Respondent determined a                          
            $70,355 deficiency in petitioners' 1990 Federal income tax and a                            
            $14,071 accuracy-related penalty pursuant to section 6662(a).                               


            3(...continued)                                                                             
            Sec. 108(a)(1)(B). The amount of discharge of indebtedness                                  
            income excluded from gross income may not exceed the amount of                              
            the taxpayer's insolvency.  Sec. 108(a)(3).  A taxpayer is                                  
            insolvent when his liabilities exceed the fair market value of                              
            his assets immediately before the discharge.  Sec. 108(d)(3).  If                           
            an insolvent taxpayer's debt is discharged, no income is realized                           
            because the discharge of indebtedness does not make assets                                  
            available to the debtor.  Quinn v. Commissioner, 31 B.T.A. 142,                             
            145 (1934); cf. United States v. Kirby Lumber Co., 284 U.S. 1                               
            (1931).  However, a debtor who is insolvent before the discharge                            
            realizes income to the extent such discharge renders him solvent.                           
            Conestoga Transp. Co. v. Commissioner, 17 T.C. 506, 513 (1951);                             
            Texas Gas Distrib. Co. v. Commissioner, 3 T.C. 57, 61-62 (1944).                            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011