- 4 - 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 FormPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011