- 6 - Briarpark transferred its cash reserves of $177,495 to NCNB. As of December 31, 1989, Briarpark had no assets and ceased business operations. On its 1989 Federal partnership income tax return, Briarpark reported cancellation of indebtedness income (COI income) of approximately $14,468,154 as a result of the November 3, 1989, agreement. The reported amount is calculated as follows: Modified loan balance $24,562,763 Build-out loan balance 1,019,418 Total loan balance 25,582,181 Less sale proceeds from Dan Associates (10,936,532) Less cash reserves paid to NCNB (177,495) Net COI income 14,468,154 =========== Discussion The parties do not dispute that the loans were nonrecourse during 1989. The issue before us is whether the income realized from the discharge of the loans should be treated as gains derived from dealings in property includable in gross income under section 61(a)(3) or as cancellation of indebtedness (COI) income within the meaning of section 61(a)(12). Petitioner contends that the discharge of $14,468,154 of Briarpark's modified and build-out loans (loans) by NCNB should be characterized as COI income under section 61(a)(12). Respondent argues that the entire balance of the loans must be included in the amount realized and that the resulting gain isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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