- 69 - We disagree. Whether a debt has been discharged is dependent on the substance of the transaction and not mere formalisms. Cozzi v. Commissioner, 88 T.C. at 445. The moment it becomes clear that a debt will never have to be paid, such debt must be viewed as having been discharged. The test for determining such moment requires a practical assessment of the facts and circumstances relating to the likelihood of payment. * * * Any “identifiable event” which fixes the loss with certainty may be taken into consideration. * * * [Id.] See also Friedman v. Commissioner, 216 F.3d 537, 546 (6th Cir. 2000), affg. T.C. Memo. 1998-196; Brountas v. Commissioner, 74 T.C. 1062, 1073 (1980). The conclusion of the foreclosure litigation was the identifiable event whereby it became clear that the partnership’s debt would never be repaid by the partnership. Indeed, according to petitioner’s own representation, DOE bid only $1 billion in the foreclosure sale, rather than the entire amount of the debt, “precisely so that it would retain the ability separately to acquire the remaining collateral”, the ANG stock, from ANRC. Petitioner thereby implicitly acknowledges that DOE had no intention of attempting to recover any part of the remaining debt from the partnership. Subsequent events bear out that conclusion. Insofar as the record reveals, DOE never made any other claims against the partnership for the debt. In October 1988, when DOE reached the settlement agreement with ANRC, it discharged all the remaining debt in exchange for the ANG stock even though, as stated in thePage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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