- 6 - B. Did the Insolvency Exception Apply in 1997? Petitioners concede that BankTEXAS forgave their loan of $32,000 in 1997. The parties agree that resolution of the issue as to whether petitioners must include this income in 1997 depends on whether, immediately before BankTEXAS forgave their loan on April 20, 1997, petitioners were insolvent within the meaning of sections 108(a)(1)(B) and (d)(3) (insolvency exception). Petitioners contend that the evidence demonstrates that their liabilities exceeded the fair market value (FMV) of their assets in 1997. Additionally, petitioners argue that further evidence, such as the foreclosure on their house and BankTEXAS’s unsuccessful attempts to collect on the loan, support a conclusion that they were insolvent. Respondent argues that petitioners were not insolvent and that section 108(a)(1)(B) does not apply. Respondent contends that petitioners’ proof of the FMV of their assets in 1997 was “incomplete and highly questionable” because it was based on petitioners’ memory. Section 61(a) defines the term “gross income” broadly to mean all income from whatever source derived, including income from discharge of indebtedness. Sec. 61(a)(12). Section 108(a) provides certain exceptions to section 61(a)(12). See Gitlitz v. Commissioner, 531 U.S. 206, 213 (2001). Section 108(a)(1)(B) excludes from gross income any amount that otherwise would bePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011