- 2 - 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 insolventPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011