James Leo Armstrong - Page 6

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          Court, the general theory is that to the extent that a taxpayer             
          has been released from indebtedness, the taxpayer has realized an           
          accession to income because the cancellation of indebtedness                
          effects a freeing of assets previously offset by the liability              
          arising from such indebtedness.  United States v. Kirby Lumber              
          Co., 284 U.S. 1 (1931); see Cozzi v. Commissioner, 88 T.C. 435,             
          445 (1987).  Thus, petitioner’s argument that he did not benefit            
          economically from the cancellation of his indebtedness to Mellon            
          Bank is simply not correct.                                                 
               A discharge of indebtedness 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 that the debtor              
          must include in income.  Sec. 61(a)(12).  In the present case,              
          the amount owed by petitioner to Mellon Bank at the time of the             
          discharge was $5,513, and the amount paid by petitioner to Mellon           
          Bank for the discharge was $0.  Accordingly, the amount that                
          petitioner must include in income is $5,513, as determined by               
          respondent.                                                                 
               Admittedly, there are both statutory and common law                    
          exceptions to the rule requiring the recognition of income from             
          the discharge of indebtedness.  E.g., sec. 108(a), Zappo v.                 
          Commissioner, 81 T.C. 77, 85-86 (1983).  Thus, for example, gross           






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