- 5 - adjustments to the income, expenses, or the loss of that activity as reported by petitioner. Respondent’s sole adjustment in the notice of deficiency is that petitioner realized gross income from the cancellation of indebtedness by the SEC. Petitioner contends she was insolvent and, therefore, did not realize gross income from cancellation of the debt owing to the SEC. Section 108(a)(1)(B) provides that the discharge of indebtedness does not constitute gross income when the taxpayer is insolvent. Respondent made no determination that petitioner owned assets or had a net worth. At trial, petitioner’s testimony was that her only asset consisted of an old automobile. It appears to the Court that the vehicle had only minimal value, if any. It was not established that petitioner owned a home or any property, and she testified she virtually “lived out of her car”. Given this testimony, counsel for respondent acknowledged, in response to the Court’s query, that respondent had “no affirmative knowledge” of any assets owned by petitioner, and this case was brought to trial “to at least see what she at one time had and we believe that she could get”. Respondent did not develop at trial evidence of any assets owned by petitioner. The Court concludes that petitioner was insolvent and, therefore, is entitled to relief under section 108(a)(1)(B) by reason of insolvency. Petitioner, therefore, is sustained on the principal issue. It follows, therefore, that petitioner is not liable forPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011