Robert G. and Lana L. Gale - Page 3

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               Respondent determined a $6,860 deficiency in petitioners’              
          Federal income tax and a $1,372 accuracy-related penalty under              
          section 6662(a) for 2003.  The primary issue for decision is                
          whether petitioners were insolvent within the meaning of section            
          108(a)(1)(B) when the $39,274.90 second mortgage on their home              
          was canceled following the sale of the home in 2003 caused by the           
          default on the first mortgage.2                                             
                                     Background                                       
               Some of the facts were stipulated and are so found.  The               
          stipulation of facts and the accompanying exhibits are                      
          incorporated herein by this reference.  Petitioners resided in              
          Layton, Utah, when they filed the petition in this case.                    
               Mrs. Gale is a homemaker and earns no income.  Mr. Gale is             
          employed by the Bureau of Land Management.                                  
               In 2003, Mr. Gale had back surgery and was out of work for             
          several weeks.  He did not receive a pay check for some weeks.              
          Consequently, petitioners were unable to make the payments on two           
          loans secured by mortgages on their home, a first mortgage held             
          by First National Mortgage (First National) and a second mortgage           
          held by Citibank.  First National notified petitioners that it              



               2In the notice of deficiency, respondent also made                     
          adjustments to deductions for medical and dental expenses                   
          petitioners reported on Schedule A, Itemized Deductions, that are           
          computed on the basis of the increase in petitioners’ adjusted              
          gross income.                                                               




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