-33- Strong Hope had assets of $1,173,122 and liabilities of $916,991 prior to its distribution of the Stockton Street property. The Stockton Street property was valued at $1.1 million, and according to Strong Hope's books it had other assets totaling $73,122. The company had a mortgage of $400,088 and owed $516,903 to Strong Hope Limited and Permanent Union Limited. Based on these facts, Strong Hope was not insolvent immediately prior to the discharge of indebtedness. Strong Hope also contends that it did not liquidate in 1989, and thus could not have discharge of indebtedness income. We disagree. Following Strong Hope's distribution of its 50-percent interest in the Stockton Street property to Ms. Ng on May 9, 1989, it effectively ceased doing business and the amounts it owed to Strong Hope Limited and Permanent Union Limited were effectively discharged. Whether a company actually liquidates is not the test for determining whether there is income from discharge of indebtedness. A debt is discharged when it becomes apparent that the debt will never have to be repaid. Brountas v. Commissioner, 74 T.C. 1062, 1074 (1980), vacated and remanded 692 F.2d 152 (1st Cir. 1982). Finally, Strong Hope contends that any discharge of indebtedness would not be U.S. source income under section 881(a) or income effectively connected with the conduct of a trade or business within the United States under section 882(a). Again, we do not accept this assertion.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011