Gregory Paul and Denise M. Violette - Page 6




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          1099-MISC does not convert income into nontaxable income.                   
          Rinehart v. Commissioner, T.C. Memo. 2002-71 (citing Vaughan v.             
          Commissioner, T.C. Memo. 1992-317, affd. without published                  
          opinion 15 F.3d 1095 (9th Cir. 1993)).  MLIC’s issuance and                 
          filing of the Form 1099-MISC with respect to petitioner's                   
          benefits is evidence of its intention to cancel his debt.                   
          Petitioner has not presented any evidence to indicate that the              
          Form 1099 did not represent DOI income.                                     
               MLIC prepared a Form 1099-MISC reporting that it canceled              
          petitioner's indebtedness and $22,905 as the amount of debt                 
          canceled.  Petitioner presented MLIC records indicating, among              
          other items, the date and amount of each payment to or for                  
          petitioner's benefit that contributed to the amount of                      
          indebtedness discharged in 1998.  Accordingly, the Court holds              
          that petitioner realized and failed to report discharge of                  
          indebtedness income in 1998.                                                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        for respondent.                               













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