- 47 -- 47 - to establish that the foregoing two miscellaneous deposits at issue are not taxable. Based on our review of the entire record before us, we find that petitioners have failed to establish that they do not have unreported income resulting from the miscellaneous deposits at issue for the years 1989 and 1990 in the amounts of $83,364 and $41,583.71, respectively.33 Deposits of Funds that Mr. Kabeiseman Transferred to Petitioner The parties agree that (1) on January 18, 1989, and on February 7, 1989, petitioner deposited into one of petitioners' accounts loans obtained from Mr. Kabeiseman in the amounts of $25,000 and $4,000, respectively; and (2) during 1990, petitioner made payments totaling $9,689.80 to Mr. Kabeiseman with respect to those loans. In addition, the parties do not dispute that petitioner did not make any other payments with respect to those loans to Mr. Kabeiseman. The only dispute is whether Mr. Kabeiseman discharged the respective outstanding balances of those loans during 1990. Section 61(a)(12) provides that gross income generally includes income from the discharge of indebtedness. A debt is discharged at the point in time at which an identifiable event occurs that makes it clear that the debt will never be paid. 33 We have considered all of petitioners' other arguments with respect to the miscellaneous deposits at issue and find them to be without merit.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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