Charles B. Owens and Sally L. Owens - Page 7




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               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).                                                             





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