- 18 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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