Carolyn S. Eifert, A/K/A Sue Armstrong - Page 18

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          circumstances, respondent should have regarded the Forms 1099-G             
          with skepticism.                                                            
               In addition, the Forms 1099-G showed the payor as the FDIC             
          in combination with different financial institutions having                 
          different EINs, notwithstanding the fact that each Form 1099-G              
          reported exactly the same amount of income.  Again, respondent              
          should have regarded such forms with skepticism.                            
               Moreover, two of the four Forms 1099-G were "corrected"                
          forms.  At the very least, this fact constituted evidence of a              
          duplication, and respondent should have regarded the Forms 1099-G           
          with skepticism.                                                            
               We also think that respondent should have taken into account           
          the identity of the issuer of the Forms 1099-G and the character            
          of the "income" reported therein.  First, box 5 of Form 1099-G              
          was used to report discharge of indebtedness by a Federal                   
          government agency.  There is nothing in the record to suggest why           
          respondent, the Commissioner of Internal Revenue, could not have            
          contacted the Federal government agency that issued the Forms               
          1099-G in order to determine the basis on which such forms were             
          issued given the dubious nature of such forms.                              
               Second, section 108(a)(1) excludes from gross income an                
          amount otherwise includable therein if the discharge of                     
          indebtedness occurs in a bankruptcy case or when the taxpayer is            
          insolvent.  Indeed, the "Instructions for Recipient" for box 5 of           
          Form 1099-G expressly acknowledged this provision.  Again, there            




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