Charles R. Harp and April B. Harp - Page 47

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                    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.                                                                                                                                      




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