- 15 - In the instant case, respondent confused both the facts and the holding of Cozzi. Respondent’s trial memorandum stated as follows: I.R.C. � 61(a)(12) provides that gross income includes income from discharge of indebtedness. On April 15, 2000, when petitioner’s liability for a loan from CareMatrix for $621,980 plus interest of $128,080 (total of $750,000,) became due, petitioner defaulted. Petitioner had executed a non-recourse promissory note, and the only collateral for the loan involved petitioner’s 57,248 shares of common stock of PhyMatrix. CareMatrix opted not to take those shares of stock pursuant to the default. In Cozzi v. Commissioner, 88 T.C. 435 (1987), the lender abandoned the loan’s security due to its nominal value. The Court determined that there was income from discharge of indebtedness income in that situation, stating: “The moment it becomes clear that a debt will never have to be paid, such debt must be viewed as having been discharged.” Id. at 445. Thus, petitioner received $750,000 in income from discharge of indebtedness for the year 2000 pursuant to section 61(a)(12). Respondent’s trial memorandum therefore suggests that Cozzi, stands for the proposition that a debtor realizes discharge of indebtedness income upon the lender’s abandonment of collateral securing a nonrecourse loan. Respondent’s opening brief also cites Cozzi, for the proposition that a lender’s abandonment of collateral securing a nonrecourse loan results in discharge of indebtedness income to the borrower, and the opening brief argues at length that CareMatrix abandoned the collateral in 2000. Respondent’s reply brief summarizes respondent’s position as follows: “In sum, * * * [CareMatrix] ignored all of its rightsPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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