Ralph J. and Joan B. Mirarchi - Page 7

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          indebtedness income is excludable from gross income pursuant to             
          section 108(a)(1)(A).6                                                      
               We have considered all arguments raised by the parties.                
          Arguments not addressed herein are moot, irrelevant, or without             
          merit.                                                                      
               To reflect the foregoing,                                              

                                                  Decision will be                    
                                        entered for petitioners.                      






















               6 In their prayer for relief, petitioners requested the                
          Court to redetermine their deficiency.  Petitioners have not                
          requested the Court to determine the existence of any overpayment           
          resulting from their inclusion of $25,116 of discharge of                   
          indebtedness in gross income.  We deem petitioners to have waived           
          any claim to any overpayment.  See Rule 34(b)(6); Horn v.                   
          Commissioner, 90 T.C. 908, 944 (1988).                                      




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