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