- 11 - petitioner intended as Midwest’s sole shareholder to derive some benefit from the arrangement with ITT. The hard fact remains, however, that the commissions and the loan proceeds that were the subject of the debt went to Midwest, and they did not go into petitioner’s pocket. ITT’s forgiveness of its debt to Midwest also did not increase petitioner’s net worth. It merely prevented petitioner’s net worth from being decreased. Landreth v. Commissioner, 50 T.C. 803, 812-813 (1968). Under the facts at hand, we hold that petitioner did not realize COD income on account of the Release. In so holding, we have considered all arguments made by respondent for a contrary holding and, to the extent not discussed above, have found them to be without merit.7 To reflect the foregoing, Decision will be entered under Rule 155. 7 As an alternative to her main argument, respondent argues that petitioner received taxable damage income paid through a discharge of indebtedness in 1987. According to respondent, petitioner's liability under his guarantee was reduced by nonexcludable amounts that he was entitled to receive on account of the Defendants' Counterclaim in the ITT litigation. Petitioner has moved the Court to place the burden of proof on respondent, with respect to this argument. For reasons similar to above, we reject respondent’s alternative argument. We shall deem petitioner’s motion to be moot.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011