- 34 - transferred to petitioner and by the $500,000 face amount of the promissory note that nominally was associated with petitioner's receipt of the stock. This $570,000 is the additional amount that petitioner is required to report as taxable income for 1988 with regard to his receipt of ownership of the stock of 2618 Inc. Alleged Discharge of Indebtedness Income -- 1988 Generally, the difference between the face value of a debt and the amount paid in satisfaction of a debt is treated as taxable income to the debtor from discharge of the indebtedness. Sec. 61(a)(12); United States v. Kirby Lumber Co., 284 U.S. 1, 3 (1931); Babin v. Commissioner, 23 F.3d 1032, 1034 (6th Cir. 1994), affg. T.C. Memo. 1992-673. The inclusion in a taxpayer's income of an amount associated with discharge of a debt is based on the increase in the debtor’s assets and net worth as a result of the discharge of the debt. Dallas Transfer & Terminal Warehouse Co. v. Commissioner, 70 F.2d 95, 96 (5th Cir. 1934), revg. 27 B.T.A. 651 (1933). Respondent argues that petitioner did not in good faith contest the nature and amount of his liability as guarantor of Payne & Potter's $705,000 promissory note and that petitioner realized discharge of indebtedness income of $349,500 when that liability was settled. Petitioner argues that his liability under the guaranty constituted a mere contingent liability, that he contested in goodPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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