- 35 - faith the nature and amount of the liability, and that he should not be required to report discharge of indebtedness income in connection with settlement of this liability. In Landreth v. Commissioner, 50 T.C. 803, 812-813 (1968), we distinguished the situation involving a guarantor of a debt from that of a primary obligor on a debt, and we concluded that a guarantor of a debt, upon the payment of the debt by the primary obligor, does not realize discharge of indebtedness income when relieved of an obligation under a guaranty. We stated as follows: The situation of a guarantor is not like that of a debtor who as a result of the original loan obtains a nontaxable increase in assets. * * * Where a debtor is relieved of his obligation to repay the loan, his net worth is increased over what it would have been if the original transaction had never occurred. This real increase in wealth may be properly taxable. However, where the guarantor is relieved of his contingent liability, either because of payment by the debtor to the creditor or because of a release given him by the creditor, no previously untaxed accretion in assets thereby results in an increase in net worth. * * * [Id. at 813; citations omitted.] On the evidence before us, we conclude that the discharge of the balance due on Payne & Potter's $705,000 debt obligation to TexCommBk may have resulted in discharge of indebtedness income to Payne & Potter but not to petitioner. When petitioner’s contested liability as guarantor of the debt obligation was settled, petitioner did not realize an increase in net worth, and petitioner is not to be charged with discharge of indebtedness income with regard thereto. See id.; Whitmer v. Commissioner, T.C. Memo. 1996-83.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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