George W. Earnshaw - Page 4




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          petitioner and to the Internal Revenue Service a Form 1099-C,               
          Cancellation of Debt, reporting discharge of indebtedness income            
          in the amount of $19,866.70.  On April 21, 1999, petitioner sent            
          the Form 1099-C back to MBNA with a cover letter in which he                
          stated, among other things:                                                 
               The debt was never a “forgiveness” of anything, but as                 
               you know a compromise of many issues of a vague,                       
               doubtful, and disputed claim.  * * *                                   
               I stopped my payments to you after many accusations on                 
               both sides, and after a period of time, I was offered a                
               complete settlement of the account for $17,500.  After                 
               considerable negotiations, a settlement was effected of                
               $12,750 [sic].  This was to save us both a law suit and                
               legal expense, as well as an equitable conclusion of                   
               your improper handling of my account.                                  
          Petitioner attached to his 1998 tax return a statement as                   
          follows:                                                                    
               No amounts pursuant to the attached 1099 have been                     
               included in individual income.  The cancellation should                
               be characterized as a compromise of a doubtful and                     
               disputed claim.  No deductions were taken for these                    
               expenditures.                                                          
               Respondent determined that petitioner received cancellation            
          of indebtedness income in 1998 in the amount of $19,866.70.                 
          Respondent also determined that petitioner had unreported                   
          interest income of $128 and adjusted petitioner’s taxable Social            
          Security income.  Petitioner did not in his petition or at trial            
          dispute the interest or Social Security income adjustments.  He             
          is thus deemed to have conceded them.                                       








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