- 2 - All section references are to the Internal Revenue Code, as in effect during 1989. References to petitioner in this opinion are to Mr. Ronald H. Bradshaw. The issues for decision are: (1) Whether income realized by petitioners during 1989 in the amount of $886,026 should be characterized as income from the discharge of indebtedness or income from an illegal check- kiting scheme; and (2) whether petitioners are liable for the addition to tax under section 6651(a)(1) for failing to file a timely return. As to the first issue, if we agree with petitioners that the subject income is from the discharge of indebtedness, pursuant to section 61(a)(12), then it is not includable in petitioners' gross income for 1989 because they were insolvent during that year by more than the amount of the income. Sec. 108(a)(1)(B). FINDINGS OF FACT Some of the facts have been stipulated by the parties. The Stipulation of Facts filed by the parties, together with the exhibits attached thereto, is incorporated herein by this reference. When petitioners filed the instant petition, they resided in Arlington, Texas. Petitioner was the sole stockholder and president of Motion, Inc., a corporation engaged in the business ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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