- 7 - Petitioners do not allege, and there is no evidence to suggest, that the FDIC contacted them regarding the loan after November 7, 1994. Respondent issued a “30-day letter” to petitioners for taxable years 1994 and 1996. In that letter, respondent proposed certain adjustments based on his conclusion that petitioners had realized income from the discharge of indebtedness in 1994 equal to the principal amount of the loan ($596,078).4 Specifically, because petitioners were insolvent when the alleged discharge occurred, respondent proposed to reduce to zero petitioners’ unused 1994 NOL deduction (the unused 1994 NOL deduction) of $137,033 pursuant to section 108(b)(2)(A). Since petitioners’ 1996 NOL deduction derived entirely from the unused 1994 NOL deduction, the proposed elimination of the unused 1994 NOL deduction had the effect of reducing petitioners’ 1996 NOL deduction to zero. That elimination of petitioners’ 1996 NOL deduction had the effect of increasing petitioners’ 1996 tax by $36,042 (after an adjustment for a reduction in itemized deductions pursuant to section 68). Respondent also proposed to impose an accuracy-related penalty for 1996 of $7,208.40. 4 In general, a cash basis debtor does not realize discharge of indebtedness income upon the cancellation of an accrued but unpaid obligation to pay deductible interest. See sec. 108(e)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011