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assessment of the facts and circumstances surrounding the
likelihood of repayment. Id. “Any ‘identifiable event’ which
fixes the loss with certainty may be taken into consideration.”
Id. at 445 (quoting United States v. White Dental Manufacturing
Co., 274 U.S. 398, 401 (1927)).
Petitioners argue that petitioner was unaware of the credit
card debt, and that he does not know when, if ever, the debt was
discharged. Respondent primarily relies on the Form 1099-C
issued to petitioners by the credit card company. Respondent was
unable to produce a copy of the Form 1099-C sent to petitioners,
and petitioners allegedly never received a copy due to
petitioner’s and petitioner’s mother’s changes in address around
the relevant time frame.
Evidence in the record mainly serves to corroborate the
issuance of the Form 1099-C and does nothing to independently
establish that petitioner’s debt was discharged, or the date of
such a discharge. Indeed, it is not clear whether the debt was
ever discharged. According to the credit card company’s records,
the debt remained listed on petitioner’s account at least through
September 2001. Although the company issued a Form 1099-C to
petitioner, there was no indication in the record how the company
determined that the debt had been discharged in 1998, or even if
it ever made such a determination: The company merely stated
that a Form 1099-C was sent to petitioner. More importantly,
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