- 76 - 1994, or, alternatively, in 1988. We agree and sustain respondent’s determination that the Bensons’ debt was forgiven in 1994. “Income from discharge of indebtedness" is included within the broad definition of income. See sec. 61(a)(12). “The underlying rationale for such inclusion is that to the extent a taxpayer is released from indebtedness, he or she realizes an accession to income due to the freeing of assets previously offset by the liability.” Jelle v. Commissioner, 116 T.C. 63, 67 (2001) (citing United States v. Kirby Lumber Co., 284 U.S. 1, 3 (1931)). In July 1994, Bradac stated to Burton that without an explanation such unpaid loans constituted income in the year the indebtedness was discharged. ERG filed its 1988 tax return on August 1, 1994. Burton’s indebtedness was discharged in 1994 when it was eliminated from ERG’s return. It was at that “‘moment it * * * [became] clear that a debt will never have to be paid, such debt must be viewed as having been discharged.’” Rinehart v. Commissioner, T.C. Memo. 2002-71 (quoting Cozzi v. Commissioner, 88 T.C. 435, 445 (1987)). Accordingly, we find and hold that Burton had cancellation of indebtedness income of $88,291 in 1994. 3. Partner Expenses--Baden Spiel Haus Partnership Burton was a 25-percent partner in the Baden Spiel Haus partnership, which owned and operated a ski cabin in California. Respondent determined that the Bensons were not entitled toPage: Previous 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Next
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