- 3 - that point, it appears that American Express felt that further collection actions would no longer be pursued, and a payment agreement was worked out with petitioner through the efforts of a collection agency employed by American Express. Petitioner paid $15,000, and American Express relieved and released petitioner of the balance due of $6,831.38. For the year 2002, American Express issued Form 1099-C, Cancellation of Debt, for the $6,831.38. Petitioners did not include the $6,831.38 as gross income on their 2002 Federal income tax return. In the notice of deficiency, the sole determination is that the $6,831.38 constitutes gross income. From the record, it appears that the settlement between petitioner and American Express came about by referral of the account by American Express to a collection agency. Through the efforts of the collection agency’s contacts with petitioner, the settlement agreement was reached. After the $15,000 payment, petitioner was of the impression, as he testified, that “everything was over”, and contends he never received the Form 1099-C issued by American Express. At trial, petitioner argued that the $21,831.38 was not the correct amount of his indebtedness because it included erroneous delinquency charges of $2,646.19; additionally, he had accrued membership rewards points on his credit card, and that together, the erroneous delinquency charges and the value of the membershipPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011