- 37 - 4. Petitioner’s Purchase of Its Debt Obligations Would Result in Discharge of Indebtedness Income Respondent appears to argue that the only way petitioner could realize the value of favorable financing would be to buy back its debt instruments at their discounted market prices. Respondent claims that this is impractical because petitioner would incur tax on the resulting discharge of indebtedness income. When a taxpayer repays a debt at a discount, the taxpayer normally realizes income from the discharge of indebtedness. See sec. 61(a)(12); United States v. Kirby Lumber Co., 284 U.S. 1, 3 (1931). Section 1.61-12(a), Income Tax Regs., provides that “The discharge of indebtedness, in whole or in part, may result in the realization of income. * * * A taxpayer may realize income by the payment or purchase of his obligations at less than their face value.” When a taxpayer receives borrowed funds, those funds are excluded from income because the taxpayer has an obligation to repay the funds. United States v. Centennial Sav. Bank FSB, 499 U.S. 573, 582 (1991). The rationale for including discharge of indebtedness in a taxpayer’s income is that the taxpayer “realizes an accession to income due to the freeing of assets previously offset by the liability.” Jelle v. Commissioner, 116 T.C. 63, 67 (2001) (citing United States v. Kirby Lumber Co., supra at 3).Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011