109 T.C. No. 22 UNITED STATES TAX COURT DUDLEY B. AND LA DONNA K. MERKEL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent DAVID A. AND NANCY J. HEPBURN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 10031-95, 10032-95. Filed December 30, 1997. Ps realized income on account of the discharge of indebtedness. Ps excluded that income pursuant to the insolvency exclusion of sec. 108(a)(1)(B), I.R.C., by including certain “contingent” liabilities in the insolvency calculation of sec. 108(d)(3), I.R.C. Held: The term “liabilities” in sec. 108(d)(3), I.R.C., requires Ps to prove with respect to any obligation claimed to be a liability that Ps will be called upon to pay that obligation in the amount claimed. Held, further, Ps failed to prove that they would be called upon to pay any amount with respect to either of the obligations claimed to be liabilities. Held, further, Ps failed to prove that, on the measurement date, their liabilities exceeded the fair market value of their assets and, therefore, may not exclude any income under sec. 108(a)(1)(B), I.R.C.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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