Charles & Marianne T. Anderson - Page 5

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          v. Helvering, 290 U.S. 111, 115 (1933).  The burden of proof may            
          shift to the Commissioner under section 7491 in certain                     
          circumstances.  See Prince v. Commissioner, T.C. Memo. 2003-247.            
          The issue in this case is a question of law and does not depend             
          on which party has the burden of proof.                                     
          A.   Discharge of Indebtedness                                              
               Gross income includes all income from whatever source                  
          derived.  Sec. 61(a).  Discharge of indebtedness is specifically            
          included as an item of gross income.  Sec. 61(a)(12).  This means           
          that a taxpayer who has incurred a financial obligation, which              
          obligation is later discharged or released, has realized an                 
          accession to income.  Sec. 61(a)(12); United States v. Kirby                
          Lumber Co., 284 U.S. 1, 3 (1931); Friedman v. Commissioner, 216             
          F.3d 537, 545 (6th Cir. 2000), affg. T.C. Memo. 1998-196.  The              
          rationale of this principle is that the discharge of a debt below           
          the face value of the debt accords the debtor an economic benefit           
          equivalent to income.  Friedman v. Commissioner, 216 F.3d at 545.           
               The treatment of discharge-of-indebtedness income parallels            
          the Code's treatment of loans.  Toberman v. Commissioner, 294               
          F.3d 985, 988 (8th Cir. 2002), affg. in part and revg. in part              
          T.C. Memo. 2000-221.  Borrowed funds are not included in a                  
          taxpayer’s income.  Nor are repayments of a loan deductible from            
          income.  When, however, one’s obligation to repay the funds is              
          settled for less than the amount of the loan, one ordinarily                






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