Timothy J. Coburn - Page 3

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          transfer power (the stock transfer power).  The promissory note,            
          stock pledge agreement, and stock transfer power are collectively           
          referred to as the loan documents.                                          
               The promissory note became due and payable on April 15,                
          2000.  CareMatrix subsequently demanded payment, but petitioner             
          refused to pay on grounds that the promissory note was                      
          nonrecourse and that CareMatrix held the collateral.  CareMatrix            
          made no further collection efforts.                                         
               Respondent determined that petitioner’s default on the                 
          promissory note resulted in cancellation of indebtedness income             
          of $750,000 in 2000 and that petitioner was liable for an income            
          tax deficiency of $277,951 and a section 6662 accuracy-related              
          penalty of $55,590.20 for that year.  Petitioner timely                     
          petitioned this Court for a redetermination.  The parties                   
          submitted the case fully stipulated, without trial, pursuant to             
          Rule 122.  In Coburn I, we held that petitioner did not realize             
          discharge of indebtedness income in 2000 and that petitioner is             
          not liable for a section 6662 accuracy-related penalty.  On                 
          January 17, 2006, petitioner filed the instant motion for award             
          of litigation costs of $94,860.81.                                          
                                     Discussion                                       
               Section 7430(a) provides that a taxpayer may recover                   
          litigation costs incurred in a court proceeding brought against             
          the United States in connection with the determination of a tax             






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