Michael Friedman and Madeline Friedman - Page 18

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          there must be an identifying event or other evidence to show that           
          a debt has, in fact, been discharged.  See, e.g., United States             
          v. S.S. White Dental Manufacturing Co., supra at 401 (any                   
          "identifiable event" which fixes the loss with certainty may be             
          taken into consideration); Exchange Sec. Bank v. United States,             
          supra at 1099; Bickerstaff v. Commissioner, 128 F.2d 366, 367               
          (5th Cir. 1942); Cozzi v. Commissioner, 88 T.C. at 444; Kent                
          Homes, Inc. v. Commissioner, 55 T.C. 820, 828-831 (1971), revd.             
          on other grounds 455 F.2d 316 (10th Cir. 1972); Cotton v.                   
          Commissioner, 25 B.T.A. 1158 (1932), affd. 68 F.2d 1486 (D.C.               
          Cir. 1933).9  In this instance, there was no identifying event or           
          forgiveness on the part of the creditors that gave rise to                  
          discharge of indebtedness income during the 1992 taxable year.              
          Cozzi v. Commissioner, supra.  Accordingly, we hold that                    
          petitioners' S corporation did not realize COD income for the               
          1992 taxable year.                                                          
               Finally, even if the S corporation had realized COD income             
          for that year, we have held that, where such income is shielded             
          from recognition by section 108(d)(7)(A), it does not operate to            
          increase the basis of the shareholders.  Nelson v. Commissioner,            


               9See also Brountas v. Commissioner, 74 T.C. 1062, 1074                 
          (1980), supplementing 73 T.C. 491 (1979), vacated and remanded on           
          other grounds 692 F.2d 152 (1st Cir. 1982), affd. in part and               
          revd. in part on other grounds sub nom. CRC Corp. v.                        
          Commissioner, 693 F.2d 281 (3d Cir. 1982).                                  




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