Timothy J. Coburn - Page 11

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               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.                    






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