- 16 - 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.Page: 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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