George Tsakopoulos and Drousoula Tsakopoulos - Page 15




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               Petitioner signed a deed conveying his interest in the                 
          property to his brother, with the intent of his brother                     
          possessing the property.  On the basis of the record before us,             
          we find that petitioner did not abandon the property.                       
          Accordingly, we hold that petitioner is not entitled to a                   
          deduction for an abandonment loss with regard to the                        
          Stockton/Elsie property in 1995.                                            
               B.   Cancellation of Indebtedness (COD) Income                         
               Respondent argues that petitioner must recognize income in             
          1995 of $111,229.  This amount is the total amount Angelo paid in           
          1993 and 1994 on behalf of petitioner with regard to cleanup                
          expenses related to the Stockton/Elsie property.  Respondent                
          contends that because petitioner has not repaid the amount and              
          Angelo has not attempted to collect it, petitioner should                   
          recognize the amount as COD income in 1995, when the property was           
          transferred to Angelo.  Petitioner argues that the debt owed to             
          Angelo was outstanding in 1995 and petitioner had a “good faith             
          intent” to repay these advances.                                            
               “Income from discharge of indebtedness” is included in gross           
          income.  Sec. 61(a)(12).  Petitioner and Angelo testified at                
          trial regarding these advances.  Having observed petitioner’s and           
          Angelo’s appearances and demeanors at trial, we find their                  
          testimonies on this issue to be honest, forthright, and credible.           








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