- 3 - whether petitioner is liable for accuracy-related penalties for negligence or disregard of rules or regulations.2 Some of the facts have been stipulated and are so found. The stipulations of fact and the attached exhibits are incorporated herein by this reference. Petitioner resided in Trevor, Wisconsin, on the date the petition was filed in this case. Petitioner’s audit commenced on May 28, 1998. The first issue for decision is whether petitioner had unreported discharge of indebtedness (DOI) income. Respondent determined that petitioner had unreported DOI income of $6,005 in 1995. Gross income generally includes all income from whatever source derived including gains from dealings in property and income from DOI. See sec. 61(a)(3), (12); sec. 1001. Where a debt is discharged upon the debtor’s transfer of property to his creditor, such transaction is treated as a sale or exchange of the debtor’s property. See Gehl v. Commissioner, 102 T.C. 784 (1994), affd. without published opinion 50 F.3d 12 (8th Cir. 1995). In the case of recourse indebtedness, the debtor recognizes gain on the transfer of the property in an amount equal to the excess of the fair market value over the basis of the property. See id. Such gain is includable in gross income 2The adjustment to petitioner’s deduction of medical expenses in 1996 is computational and will be resolved by the Court’s holding on the issues in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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