Henry B. and Angela E. Davis Martins - Page 7

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          business real estate debt.  Sec. 108(a)(1)(A)-(D).  None of these           
          exclusions apply in this case.                                              
               Petitioner claims he did not receive a Form 1099-C from                
          American Express discharging the debt.  “The moment it becomes              
          clear that a debt will never have to be paid, such debt must be             
          viewed as having been discharged.”  Cozzi v. Commissioner, 88               
          T.C. 435, 445 (1987).  The nonreceipt of a Form 1099 does not               
          convert a taxable item to a nontaxable item.  Vaughn v.                     
          Commissioner, T.C. Memo. 1992-317, affd. without published                  
          opinion 15 F.3d 1095 (9th Cir. 1993).                                       
               The Court concludes that petitioner realized discharge of              
          indebtedness income in the amount determined in the notice of               
          deficiency.  Respondent, therefore, is sustained.                           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


          Decision will be entered                                                    
          for respondent.                                                             















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