Layne E. Preslar and Sue F. Preslar - Page 9

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          settled in 1988, when the FDIC accepted a $350,000 payment in               
          complete satisfaction of petitioners' liability.  Only at the               
          time of that settlement was the amount of petitioners' liability            
          on the Bank loan finally established.                                       
               For the above reasons, we conclude that petitioners'                   
          liability on the promissory note to Moncor Bank was sufficiently            
          indefinite in nature and amount to avoid triggering any discharge           
          of indebtedness income when the settlement with the FDIC was                
          reached.  Only at the time of the settlement did petitioners'               
          liability on the Bank loan become fixed and definite and equal to           
          the $550,537 figure agreed to by petitioners and the FDIC.  We              
          conclude that petitioners are not to be treated as having                   
          realized the discharge of indebtedness income in dispute herein.            

          Section 6651(a)(1) Addition to Tax                                          
               Section 6651(a)(1) imposes an addition to tax for the                  
          failure to timely file a Federal income tax return.  If a                   
          taxpayer can show that the failure to timely file is due to                 
          reasonable cause and not to willful neglect, the addition to tax            
          will not be imposed.  Sec. 6651(a)(1).  The burden of proving               
          that their income tax return was timely filed is on petitioners.            
          Rule 142; Welch v. Helvering, 290 U.S. 111, 115 (1933).                     
               To be effective, requests for automatic extensions to file             
          Federal income tax returns must be filed on or before the date              
          prescribed for filing the returns.  Raskin v. Commissioner, T.C.            





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