Dennis and Dorinda J. Jelle - Page 11




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          indebtedness.”  Id. at 89.  In addition, we described the manner            
          in which this precept was to be employed in a discharge setting,            
          as follows:                                                                 
                    When an obligation is highly contingent and has no                
               presently ascertainable value, it cannot refinance or                  
               substitute for the discharge of a true debt.  The very                 
               uncertainty of the highly contingent replacement                       
               obligation prevents it from reencumbering assets freed                 
               by discharge of the true debt until some indeterminable                
               date when the contingencies are removed.  In a word,                   
               there is no real continuation of indebtedness when a                   
               highly contingent obligation is substituted for a true                 
               debt.  Consequently, the rule in Kirby Lumber applies,                 
               and gain is realized to the extent the taxpayer is                     
               discharged from the initial indebtedness.  [Id.]                       
               The original debt in Zappo v. Commissioner, supra at 90, had           
          been characterized by a fixed amount, a stated rate of interest,            
          and a due date certain.  The replacement liability was for an               
          amount that could not be ascertained until the end of 5 years,              
          did not bear interest, and would be credited with amounts paid by           
          a third party.  See id.   In those circumstances, we held that              
          the foregoing rule precluded treatment of the new obligation as             
          replacement indebtedness.  See id.; see also Carolina,                      
          Clinchfield & Ohio Ry. v. Commissioner, supra.                              
               Turning to the matter at bar, we believe that the precedent            
          discussed above counsels a finding that petitioners’ indebtedness           
          to FmHA was discharged in 1996, for the simple reason that                  
          whether and when petitioners would ever be required to make any             
          further payments to FmHA rested totally within their own control.           
          If petitioners chose to sell their property within 10 years from            





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