- 14 - An element necessary for the existence of COD income under section 61(a)(12) is that the taxpayer was, in fact, discharged from a liability. 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. The test for determining when the required identifiable event occurred is a practical assessment of all the facts and circumstances surrounding the likelihood of repayment of the debt. 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)); 2925 Briarpark, Ltd. v. Commissioner, T.C. Memo. 1997-298. The existence of an almost imperceptible possibility that a debt may be collected at some indefinite future point does not preclude the recognition of COD income. Exchange Sec. Bank v. United States, 492 F.2d 1096, 1099 (5th Cir. 1974); 2925 Briarpark, Ltd. v. Commissioner, supra; cf. Fidelity-Philadelphia Trust Co. v. Commissioner, 23 T.C. 527, 531 (1954). Simply because a creditor has failed to remove a debt from its books does not signify that the debt has not been canceled. Exchange Sec. Bank v. United States, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011