- 8 - Petitioner was not insolvent during 1988. Petitioner did not report the $255,000 written off by Caesar’s as income from the cancellation of indebtedness on his 1988 Federal income tax return. OPINION Section 61(a)(12) provides the general rule that gross income includes income from the cancellation of indebtedness. The amount of the income includable generally is the difference between the face value of the debt and the amount paid in satisfaction of the debt. Babin v. Commissioner, 23 F.3d 1032, 1034 (6th Cir. 1994), affg. T.C. Memo. 1992-673. The income is recognized in the year cancellation occurs. Montgomery v. Commissioner, 65 T.C. 511, 520 (1975). A frequently cited rationale for the rule is that the cancellation results in an accession to income by effecting a freeing of assets previously offset by the liability arising from the indebtedness. United States v. Kirby Lumber Co., 284 U.S. 1, 3 (1931); Cozzi v. Commissioner, 88 T.C. 435, 445 (1987). If, however, the cancellation of all or part of a debt is made in settlement of a dispute concerning the debt, no income from cancellation of indebtedness arises.1 N. Sobel, Inc. v. Commissioner, 40 B.T.A. 1 We note that there is some question as to whether the disputed debt rule applies only to an unliquidated debt, i.e., one the amount of which is undetermined, regardless whether the debt is enforceable, Zarin v. Commissioner, 92 T.C. 1084, 1095- (continued...)Page: 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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