- 11 - Therefore, on the first step of the bifurcation analysis, petitioners realized a capital loss of $120,5443 on the transfer of the Dime Circle property. On the second step of the analysis, petitioners realized $210,9434 of ordinary income from discharge of indebtedness. Under certain circumstances, a taxpayer may exclude from gross income the income from discharge of indebtedness if the discharge occurs when the taxpayer is insolvent. Sec. 108(a)(1)(B). However, the exclusion cannot exceed the amount by which the taxpayer is insolvent. For purposes of this section, "insolvent" is defined as "the excess of liabilities over the fair market value of assets." Sec. 108(d)(3). Petitioners' insolvency exceeded the income they realized from discharge of indebtedness. Accordingly, the income petitioners realized from discharge of indebtedness in the instant transaction is excluded from their gross income pursuant to section 108(a)(1)(B). 2(...continued) After Commissioner v. Tufts", 38 Tax Law. 575 (1985). 3 This represents the difference between the fair market value of the property, $375,000, and petitioners' adjusted basis in the property, $495,544. 4 This represents the difference between the fair market value of the property, $375,000, and the outstanding balance of the debt, $585,943. Petitioner testified that the lender did not attempt to collect the difference between the outstanding balance of the debt and the bid-in amount.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011