- 8 - September 1997, no late fees are reflected on his account. The annual rate at which finance charges were accrued dropped from April 1997 through December 1997, according to MBNA’s records. Apparently, some negotiations were going on during that time. There is no indication that the settlement with MBNA was based on petitioner’s inability to pay the amounts in dispute, and he denies that he was insolvent at the time. The record fully supports the inference that a dispute between petitioner and MBNA existed and was carried on over many months. We accept his testimony that he engaged in an ongoing dispute with MBNA that ultimately induced MBNA to compromise petitioner’s account for substantially less than the balance recorded in its statements to petitioner. As of June 1996, petitioner’s undisputed balance was $28,837.61. His account increased by uncontested charges of $1,200 for a cash advance and $10 for a cash advance fee. He subsequently made nine payments totaling $4,250 and a settlement payment of $12,700. The net uncontested, liquidated balance, which we conclude should be the amount of petitioner’s cancellation of indebtedness income, is $13,097.61. Petitioner has made other arguments that have no merit. In his trial memorandum, he suggested that the amount of indebtedness canceled should be treated as “damages”. Respondent infers that petitioner is suggesting that the reduction in hisPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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