Gregory Paul and Denise M. Violette - Page 5




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          corresponding reduction in assets causes an economic gain and               
          income to the debtor because the assets are no longer encumbered.           
          A DOI generally produces income in an amount equal to the                   
          difference between the amount due on the obligation and the                 
          amount paid for the discharge.  If no consideration is paid for             
          the discharge, then the entire amount of the debt is considered             
          the amount of income which the debtor must include in income.               
          Sec. 61(a)(12).                                                             
               Under certain circumstances, a taxpayer may exclude DOI                
          income from gross income if the discharge occurs when the                   
          taxpayer is insolvent.  Sec. 108(a)(1)(B).  The exclusion cannot            
          exceed the amount by which the taxpayer is insolvent.  Sec.                 
          108(a)(3).  For purposes of this section, "insolvent" is defined            
          as "the excess of liabilities over the fair market value of                 
          assets."  Sec. 108(d)(3).  Such a determination is to be made on            
          the basis of the taxpayer's assets and liabilities immediately              
          before the discharge.  Id.  The exclusions provided in section              
          108 do not apply in this case because the evidence does not                 
          establish that petitioners were insolvent.                                  
               Petitioner claims he did not realize DOI income because he             
          never received the Form 1099-MISC.  The Court disagrees.  "The              
          moment it becomes clear that a debt will never have to be paid,             
          such debt must be viewed as having been discharged."  Cozzi v.              
          Commissioner, 88 T.C. 435, 445 (1987).  The nonreceipt of a Form            






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