- 13 - Petitioner introduced no evidence showing that the corporation forgave the note before the end of 1993. Other evidence in the record is either neutral on this issue or tends to support respondent’s position that the corporation had not forgiven petitioner’s debt to it before the end of 1993. The failure of the corporation or any of the spinoff corporations to include the note on its tax return as an asset at yearend 1994 supports respondent’s position that the corporation canceled petitioner’s indebtedness to it during 1994. Petitioner has submitted no evidence which shows otherwise. Consequently, we find that petitioner has failed to carry her burden of proving respondent’s determination incorrect, and we sustain respondent’s determination that petitioner realized income during 1994 from the cancellation of indebtedness in the amount of $50,000.9 Addition to Tax Under Section 6651(a) Respondent also determined that petitioner is liable for the addition to tax under section 6651(a)(1). Respondent contends that petitioner is liable for that addition to tax because she did not file a timely and valid tax return. According to 9Petitioner does not claim, nor does the record establish, that the discharge occurred while she was insolvent; accordingly, we do not address the question of whether the so-called insolvency exception would be applicable here. See sec. 108(a)(1); Dallas Transfer & Terminal Warehouse Co. v. Commissioner, 70 F.2d 95 (5th Cir. 1934), revg. 27 B.T.A. 651 (1933); Gershkowitz v. Commissioner, 88 T.C. 984, 1005 (1987).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011