- 7 - Bank loan, effectively reversing their $430,000 reduction in their tax basis in the Ranch. Respondent also determined an addition to tax under section 6651(a)(1) for petitioners' failure to timely file their 1989 joint Federal income tax return. OPINION Discharge of Indebtedness Income Taxpayers generally are required to include cancellation or discharge of indebtedness income in income. Sec. 61(a)(12). The discharge, however, of a liability that is indefinite or contingent will not trigger discharge of indebtedness income. Colonial Sav. Association v. Commissioner, 85 T.C. 855, 862 (1985), affd. 854 F.2d 1001 (7th Cir. 1988). Also, where the nature and amount of a liability are contested in a good faith dispute and where a compromise settlement is reached, the excess of the stated principal amount of the alleged debt over the amount for which the liability is settled will not be treated as discharge of indebtedness income. United States v. Hall, 307 F.2d 238 (10th Cir. 1962); N. Sobel, Inc. v. Commissioner, 40 B.T.A. 1263, 1265 (1939); 2 Mertens, Law of Federal Income Taxation, sec. 11.19 (1996). Petitioners argue that the economic realities of the transaction before us reflect that the $1 million stated purchase price for the Ranch was inflated, that it did not accurately reflect the fair market value of the Ranch, and effectively thatPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011