George W. Earnshaw - Page 8




                                        - 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 his              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011