- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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