Marcia Ann Coppertino - Page 4

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          moneys from the illegal activity, petitioner was held civilly               
          liable for $67,820 in what was described by counsel at trial as a           
          “disgorgement”.3  No portion of the $67,820 has ever been paid,             
          and, during the year at issue, the SEC formally relieved                    
          petitioner from the obligation of paying this indebtedness.  The            
          SEC issued to petitioner, for the year at issue, 2001, a Form               
          1099-C, Cancellation of Debt, in the amount of $67,820.45 for               
          what was described as “Default on payment of penalty,                       
          disgorgement and interest”.                                                 
               Petitioner filed a Federal income tax return for 2001, which           
          was received by the Internal Revenue Service on August 22, 2002.            
          On that return, the only income item reported was a loss of                 
          $3,128 from a Schedule C, Profit or Loss From Business.                     
          Petitioner did not include as income the forgiveness of the                 
          $67,820 debt owing to the SEC.                                              
               In the notice of deficiency, respondent determined that the            
          $67,820.45 debt forgiveness by the SEC constituted gross income.            
          The principal issue considered at trial is whether petitioner is            
          absolved from liability for income tax on this forgiveness of               
          indebtedness because she was insolvent at the time the                      
          indebtedness was forgiven.                                                  
               Gross income includes all income from whatever source                  


               3The word “disgorgement” is defined generally as giving up             
          illicit gains.                                                              




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