Walter James Sims, Jr. & Sonia Gail Tolliver-Sims - Page 4




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          record dated September 26, 2001, indicates that a “1099-C” had              
          been sent to petitioner “approx. 01/1999 for tax year 1998”.  As            
          of September 26, 2001, the records indicate the account balance             
          was $3,093.91, the amount “now due” was $0, and the “min pay” was           
          $3,093.91.                                                                  
               In response to petitioner’s inquiries, petitioner received a           
          letter regarding his account dated April 27, 2001.  This letter             
          states that petitioner’s last payment had been in 1993, and that            
          “various collection attempts” had been made but had ceased in               
          1996.  The letter further states that a Form 1099-C, Cancellation           
          of Debt, had been filed in 1999 for taxable year 1998 and had               
          been sent to petitioner’s former address in Philadelphia.  During           
          1998, petitioner was never insolvent and never filed for                    
          bankruptcy.                                                                 
               Petitioners filed a joint Federal income tax return for                
          taxable year 1998.  They did not report any discharge of                    
          indebtedness income.  In the statutory notice of deficiency,                
          respondent determined that petitioners received $3,103 of such              
          income.                                                                     
               Gross income generally includes all income from whatever               
          source derived including income from discharge of indebtedness.             
          Sec. 61(a)(12).  Debt is considered discharged the moment it is             
          clear that it will not be repaid.  Cozzi v. Commissioner, 88 T.C.           
          435 (1987).  Determining when this moment occurs requires an                






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