116 T.C. No. 6 UNITED STATES TAX COURT DENNIS AND DORINDA J. JELLE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 20059-98. Filed January 31, 2001. Ps are the owners of agricultural property which, prior to the transactions at issue, was subject to outstanding mortgages held by the Farmers Home Administration (FmHA). After Ps became unable to meet payment obligations under these mortgages, Ps and FmHA negotiated an alternative arrangement. Pursuant thereto, (1) Ps in 1996 paid to FmHA the $92,057 net recovery value of their property, (2) FmHA in that year wrote off the remaining loan balance of $177,772, and (3) Ps entered into a net recovery buyout recapture agreement to repay to FmHA amounts written off in the event that they disposed of the land within a 10-year period. Held: Ps are required to recognize income in 1996 under sec. 61(a)(12), I.R.C., on account of a $177,772 discharge of indebtedness in that year. Held, further, Ps must report as income 85 percent of amounts they received in the form of Social Security benefits, in accordance with sec. 86(a), I.R.C.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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