- 5 - OPINION Petitioner contends that he did not have cancellation of indebtedness income from his settlement with MBNA, because the settlement reflected compromise of a disputed liability. Petitioner testified at trial that he disputed the finance charges on his account because of changing interest rates charged by MBNA. Respondent contends that petitioner acknowledged as of May 1996 a balance owing to MBNA and that the amount of petitioner’s Mastercard account was always liquidated. Section 61(a)(12) includes in the general definition of gross income “income from discharge of indebtedness”. Respondent relies on the discussion of this provision in Preslar v. Commissioner, 167 F.3d 1323 (10th Cir. 1999), revg. T.C. Memo. 1996-543. In Preslar, the Court of Appeals for the Tenth Circuit, to which our decision in this case is appealable, examined the history of the discharge of indebtedness income rule and the “contested liability” exception to recognition of discharge of indebtedness income. The debt in Preslar was the balance owing on a $1 million promissory note. The note had been given to a bank by the taxpayers in connection with the purchase of a ranch that was to be developed by the taxpayers. The bank permitted the taxpayers to repay the loan by assigning the installment sales contracts of purchasers of the developed property to the bank at a discount. When the payee-bank becamePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011