Timothy J. Coburn - Page 14

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          represented the lender’s sole security on the loan.  See id. at             
          439.                                                                        
               The debtor made no payment and engaged in no communication             
          with the lender with respect to the loan during 1977, 1978, 1979,           
          1980, and 1981.  Id. at 439-440.  The Commissioner contended that           
          the production agreement became worthless and was abandoned by              
          the debtor in 1980, that the debtor was released from the debt in           
          1980, and that the debtor realized income as a result of that               
          release.  Id. at 446.  The taxpayers conceded that an abandonment           
          of the production agreement would result in ordinary income but             
          contended that the production agreement did not lose its value              
          and that the debtor did not abandon the production agreement in             
          1980.  Id.  Applying a facts and circumstances analysis, we held            
          that the production agreement had become worthless as of 1980,              
          that the debtor had no intention of enforcing its rights under              
          the production agreement, and that the lender had no intention of           
          enforcing its rights against the debtor under the loan agreement.           
          Id. at 446-447.  We further held that the failure of the debtor             
          to make the scheduled final payment to the lender in 1980                   
          constituted an “identifiable event” evidencing the debtor’s                 
          abandonment of the worthless production agreement.  Id. at 447.             
          We concluded that the abandonment by the debtor demonstrated                
          that the discharge occurred in 1980 as asserted by the                      
          Commissioner.  Id. at 445-448.                                              






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