Mel T. Nelson - Page 3

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                                  FINDINGS OF FACT                                    
               This case was submitted fully stipulated pursuant to Rule              
          122.  The stipulation of facts is incorporated herein and found             
          accordingly.  Petitioner, Mel T. Nelson, resided in Denver,                 
          Colorado, at the time he filed the petition herein.  Petitioner             
          was the sole shareholder in Metro Auto, Inc. (MAI), an S                    
          corporation.                                                                
               During the 1991 taxable year, MAI disposed of all of its               
          assets.  In the same year, MAI realized discharge of indebtedness           
          income, pursuant to section 61(a)(12), in the amount of                     
          $2,030,568 as a result of the disposition and a related agreement           
          between MAI and its creditors.3  In turn, the COD income of                 
          $2,030,568 exceeded MAI's losses by $1,375,790 in 1991.  Prior              
          and subsequent to the event giving rise to the COD income, MAI              
          was insolvent.  MAI excluded from its gross income the entire               
          amount of the indebtedness discharged by its creditors.                     
               Petitioner increased the basis of his stock in MAI by                  
          $1,375,790 in 1991.  Subsequently, petitioner disposed of his               
          stock in MAI and, in turn, claimed a long-term capital loss on              

               2(...continued)                                                        
          $54,275, thereby increasing petitioner's taxable income by                  
          $54,275.                                                                    
               3Discharge of indebtedness is also referred to as                      
          cancellation of debt income (COD).  For purposes of convenience             
          and clarity in this opinion, we refer to the income generated               
          from the discharge of indebtedness pursuant to sec. 61(a)(12) as            
          COD.                                                                        




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