James P. Whitmer - Page 2

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               parties agreed to release all claims related to their                  
               business relationship, and P agreed to pay I $25,000.                  
               When the agreement was reached, M owed I $182,295.                     
               Held:  P did not realize cancellation of debt income on                
               account of the release.                                                


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               LARO, Judge:  James P. Whitmer petitioned the Court to                 
          redetermine respondent’s determination with respect to his 1987             
          and 1988 Federal income taxes.  For 1987, respondent determined a           
          $76,005 deficiency, a $3,800 addition to tax under section                  
          6653(a)(1)(A), and a $19,001 addition to tax under section                  
          6661(a).  Respondent also determined that petitioner was liable             
          for an addition to tax under section 6653(a)(1)(B).  For 1988,              
          respondent determined a $17,257 deficiency and a $4,314 addition            
          to tax under section 6661(a).                                               
               Following concessions, the only issue left for decision is             
          whether petitioner realized cancellation of debt (COD) income in            
          1987, on account of a settlement of a judicial proceeding in                
          which he was a party.  We hold he did not.  Unless otherwise                
          stated, section references are to the Internal Revenue Code in              
          effect for the years in issue.  Rule references are to the Tax              
          Court Rules of Practice and Procedure.  Dollar amounts are                  
          rounded to the nearest dollar.                                              








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