Henry B. and Angela E. Davis Martins - Page 5

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          rewards offset the $6,831.38 income at issue.  However, there is            
          no evidence that any compromise or settlement agreement was                 
          entered into between petitioner and the collection agency                   
          representing American Express.  The agreement simply was that               
          petitioner would pay $15,000 in cash, and the remaining $6,831.38           
          would be forgiven.2                                                         
               Gross income includes all income from whatever source                  
          derived.  Sec. 61(a).  Discharge of indebtedness is specifically            
          included as an item of gross income.  Sec. 61(a)(12).  This means           
          that a taxpayer who has incurred a financial obligation that is             
          later discharged or released has realized an accession to income.           
          Id.; United States v. Kirby Lumber Co., 284 U.S. 1, 3 (1931);               
          Friedman v. Commissioner, 216 F.3d 537, 545 (6th Cir. 2000),                
          affg. T.C. Memo. 1998-196.  The rationale of this principle is              


               2Where the nature and amount of an indebtedness are                    
          contested in a good faith dispute, and a compromise settlement is           
          reached, the excess of the stated principal amount of the claimed           
          debt over the amount for which the liability is settled does not            
          constitute discharge of indebtedness income.  Preslar v.                    
          Commissioner, T.C. Memo. 1996-543, revd. 167 F.3d 1323 (10th Cir.           
          1999) (citing United States v. Hall, 307 F.2d 238 (10th Cir.                
          1962)).  There is no evidence that the $15,000 payment by                   
          petitioner was a “settlement” or a compromise of the                        
          indebtedness.  Petitioner presented no evidence to show that the            
          delinquency charges were invalid.  Moreover, it appears that,               
          from the terms of the American Express monthly statements,                  
          petitioner’s membership rewards points also had no value because            
          the points were good only so long as the account was in good                
          standing.  Since petitioner was in default on his account, he was           
          not in good standing, and there is no evidence he reinstated the            
          points by payment of a service fee as provided in the statement.            





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