- 2 - After concessions, the sole issue for decision is whether petitioner must recognize discharge of indebtedness income pursuant to section 61(a)(12). Petitioner bears the burden of disproving respondent's determination on this issue. See Rule 142(a). Some of the facts have been stipulated and are so found. The stipulation of facts and the accompanying exhibits are incorporated herein by this reference. Petitioner resided in Shepherdstown, West Virginia, when he filed his petition. During the year in issue, petitioner timely filed a separate Federal income tax return. The facts are undisputed. In 1990, petitioner and his former wife, Norene, borrowed $130,612 from PNC Mortgage Corpora- tion of America (PNC) to finance their purchase of a home in Somerset, New Jersey. The Department of Veterans' Affairs guaranteed the loan. In 1994, PNC foreclosed on the property after petitioner and Norene (hereinafter sometimes referred to as the borrowers) had defaulted on their payment obligations. The property was sold for $93,251 by the county sheriff in July 1994. At the time of the foreclosure, the borrowers owed PNC $160,014, consisting of $129,292 mortgage principal, $23,489 accrued and 1(...continued) of Practice and Procedure, and all dollar amounts have been rounded to the nearest dollar.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011