- 6 - 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.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011