Timothy J. Coburn - Page 16

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          and remedies under the Note and abandoned the collateral in 2000.           
          Such abandonment was the ‘identifiable event’ that made it clear            
          [petitioner] would not have to repay his obligation to                      
          * * * [CareMatrix].  As a result, * * * [petitioner] realized               
          discharge of indebtedness income of $750,000 in 2000.”                      
               In Cozzi v. Commissioner, supra at 445-447, however, we held           
          that the abandonment of the collateral by the debtor--not the               
          lender--evidenced the moment of discharge.  The lender could not            
          have abandoned the collateral because the lender never exercised            
          control over the production agreement.  Id. at 440 (“During                 
          * * * [the years 1977, 1978, 1979, 1980, and 1981], * * * [the              
          debtor] did not take any action to cause the collateral securing            
          the debt to * * * [the lender] to be conveyed to * * * [the                 
          lender].”).  Even if the lender exercised control over the                  
          collateral upon the debtor’s abandonment in 1980, a borrower’s              
          abandonment of the sole collateral securing a nonrecourse loan              
          terminates the debt, and the income tax consequences to the                 
          borrower are determined at the time of the termination.12  See              
          L&C Springs Associates v. Commissioner, 188 F.3d at 868; Carlins            
          v. Commissioner, T.C. Memo. 1988-79.  Consequently, any                     


               12We note that the actions of the lender with respect to the           
          loan might, as in Cozzi v. Commissioner, 88 T.C. at 446-447,                
          evidence the debtor’s abandonment of the collateral by                      
          demonstrating the collateral’s worthlessness.                               






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