- 11 - As we held in Coburn I, regardless of whether the liability in the instant case is nonrecourse or recourse, petitioner’s default on the loan and abandonment of the collateral in 2000 did not result in petitioner’s realizing discharge of indebtedness income in 2000. In Coburn I, we held that, if the loan were nonrecourse, any income realized upon petitioner’s loan default and abandonment of collateral in satisfaction of the liability would constitute gain on the sale or other disposition of the collateral pursuant to section 1001(a) rather than discharge of indebtedness income. See L&C Springs Associates v. Commissioner, 188 F.3d 866, 868 (7th Cir. 1999), affg. T.C. Memo. 1997-469; sec. 1.1001-2(a)(1), Income Tax Regs. We also held, alternatively, that, if the loan were recourse, petitioner’s loan default and abandonment of collateral, alone, would not discharge the underlying liability because the collateral would not represent the only source of repayment of the loan. See Lockwood v. Commissioner, 94 T.C. 252, 260 (1990). Moreover, in Coburn I, we held that, regardless of whether the liability is nonrecourse or recourse, the absence of action by CareMatrix to collect the liability in the year of default did not result in petitioner’s realizing discharge of indebtedness income in 2000. With respect to nonrecourse indebtedness, the liability was satisfied upon petitioner’s abandonment of the collateral to CareMatrix. See L&C Springs Associates v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011