James Leo Armstrong - Page 3

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               Respondent determined a deficiency in petitioner’s Federal             
          income tax for the taxable year 1997 in the amount of $1,377.               
               The issue for decision is whether petitioner received income           
          from cancellation of indebtedness.  We hold that he did.                    
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in Lantana, Florida, at the time that            
          his petition was filed with the Court.                                      
               In or about 1991, petitioner began to incur debt on a credit           
          card issued to him by Mellon Bank.  Petitioner incurred the debt            
          in helping to finance a home improvement project for a woman with           
          whom he was romantically involved.  Subsequently, after the                 
          relationship had soured, petitioner asked the woman for payment,            
          but she refused.  Petitioner continued to carry a balance on his            
          credit card account.                                                        
               In 1995, petitioner commenced an action against the woman in           
          the county court for Palm Beach County, Florida.  In the action,            
          petitioner sought to recover based on an alleged oral contract              
          between the woman and him.  In January 1996, judgment was entered           
          against petitioner on the ground that he was not a licensed                 
          contractor and, therefore, was not entitled under Florida law to            
          recover on the alleged oral contract.  Petitioner did not appeal            
          the judgment, nor did he otherwise further pursue the matter                
          against the woman.  At no relevant time was the woman insolvent             






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