- 21 - as a result of the settlement.14 If a settlement alone were sufficient to establish the disputed nature of a debt, a taxpayer whose liability for the full amount of a settled debt was not in question would reap a windfall in the form of an untaxed freeing of the assets previously offset by the liability represented by the debt. In contrast, in the case of a settlement of a truly disputed debt, the settlement does not give rise to an accession to income due to the freeing of the debtor's assets because the amount of the assets that were offset by the debt is not clear. In the instant case, there is no direct evidence other than petitioner’s testimony that he disputed his debt to Caesar’s prior to the institution of proceedings in the instant case. Although petitioner contends that his testimony concerning his dealings with the casino was uncontradicted, we need not accept such testimony at face value where it is improbable, unreasonable, or questionable. Quock Ting v. United States, 140 U.S. 417 (1891); Archer v. Commissioner, 227 F.2d 270, 273 (5th Cir. 1955), affg. a Memorandum Opinion of this Court dated February 18, 1954. We find the evidence supporting and refuting petitioner’s claim concerning the alleged dispute with Caesar’s, 14 We conclude, based on the record, that petitioner has not established the existence of any dispute concerning the enforceability of his debt to Caesar’s on any of the grounds alleged by him. The issue as to the enforceability of a debt, which was a factor considered by the Court of Appeals for the Third Circuit in Zarin v. Commissioner, 916 F.2d at 115-116, is accordingly not present in the instant case.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011