- 5 - that the discharge of a debt affects 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). The treatment of discharge of indebtedness income parallels the Code’s treatment of loans. Toberman v. Commissioner, 294 F.3d 985, 988 (8th Cir. 2002), affg. in part and revg. in part T.C. Memo. 2000-221. Borrowed funds are not included in a taxpayer’s income. Nor are repayments of a loan deductible from income. When, however, an obligation to repay a loan is settled for less than the amount of the loan, one ordinarily realizes income from discharge of indebtedness. Sec. 61(a)(12); Warbus v. Commissioner, 110 T.C. 279, 284 (1998) (citing Vukasovich, Inc. v. Commissioner, 790 F.2d 1409, 1413-1414 (9th Cir. 1986), affg. in part and revg. in part T.C. Memo. 1984-611). The difference between the face value of the debt and the amount paid in satisfaction of the debt is includable in the taxpayer’s gross income. Babin v. Commissioner, 23 F.3d 1032, 1034 (6th Cir. 1994), affg. T.C. Memo. 1992-673. Accompanying the discharge of indebtedness income rule are certain exclusions from gross income. A taxpayer may exclude from gross income a discharge from indebtedness if the discharge occurs in a bankruptcy case or, alternatively, when the taxpayer is insolvent, or if the indebtedness is a qualified farm orPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011