- 4 - On October 17, 2001, NCO sent petitioner a collection letter indicating that the amount owed was $39,627, but that the amount due on October 31, 2001, was $6,000. The letter further indicated that “Your regularly scheduled payment * * * is now due according to the terms you arranged with our office.” On October 31, 2001, petitioner paid NCO $6,000 with respect to his MBNA account. For 2001, NCO sent to petitioner a Form 1099-C, Cancellation of Debt, reporting debt canceled on October 31, 2001, of $31,327. On his Federal income tax return for 2001, petitioner did not report the amount reported on the Form 1099-C. Respondent determined that petitioner failed to report on his tax return for 2001 income from the cancellation of indebtedness of $31,327. Respondent further determined that petitioner is liable for the accuracy-related penalty for substantial understatement of income tax. Discussion A. Discharge of Indebtedness Gross income includes all income from whatever source derived, including but not limited to discharge of indebtedness. Sec. 61(a)(12); sec. 1.61-12(a), Income Tax Regs. A discharge of indebtedness generally produces income in an amount equal to the difference between the amount due on the obligation and thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011