- 16 - Liberty Mirror we did not consider the character of the nonexistent income. Danenberg v. Commissioner, 73 T.C. at 383. Thus, we are satisfied that the discharge of the loans, the transfer of the property, and the assignment of the sale proceeds constitute a single integrated sale or exchange. Alternatively, petitioner argues that Briarpark realized $9,200,000 of COI income in 1987 when InterFirst and Briarpark agreed to convert the outstanding balance of the original loan, which exceeded the fair market value of the property, from recourse to nonrecourse debt. Whether a debt has been discharged is dependent upon the substance of the transaction. Cozzi v. Commissioner, 88 T.C. 435, 445 (1987). A debt is considered to be discharged at the point when it becomes clear that the debt will never have to be paid. Id. In deciding when such a moment occurs, we must consider the actions of the parties together with other facts and circumstances relating to the likelihood of payment. Id. Any identifiable event that fixes with certainty the amount to be discharged may be taken into consideration. Id. (citing United States v. S.S. White Dental Manufacturing Co., 274 U.S. 398 (1927)). The existence of a faint possibility that a debt may be collected does not prevent the recognition of COI income. Exchange Sec. Bank v. United States, 492 F.2d 1096, 1099 (5th Cir. 1974); cf. Fidelity-Philadelphia Trust Co. v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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