- 44 - A debt is deemed discharged as soon as it becomes clear, on the basis of a practical assessment of all the facts and circumstances, that it will never have to be repaid. Cozzi v. Commissioner, supra at 445. The existence of a faint possibility that a debt will be collected does not prevent the recognition of discharge of indebtedness income. Exch. Sec. Bank v. United States, 492 F.2d 1096, 1099 (5th Cir. 1974). Moreover, petitioners bear the burden to prove that the event determined by respondent as effecting the discharge is unreasonable. Cozzi v. Commissioner, supra at 447-448. Based on the foregoing principles and circumstances, we conclude that petitioners had discharge of indebtedness income of $900,000 on December 29, 1994, when the Miller/Huntington Loan was satisfied to that extent by the Rapp Group's payments pursuant to their guaranties. B. Section 108(a)(1)(B) Exclusion Petitioners further contend that if they had $900,000 of discharge of indebtedness income in 1994, then they are entitled to exclude it under section 108(a)(1)(B) because petitioner was insolvent within the meaning of that section when the discharge occurred. Section 108(a)(1)(B) provides that "Gross income does not include any amount which * * * would be includible in gross income by reason of the discharge (in whole or in part) of indebtedness of the taxpayer if * * * the discharge occurs when the taxpayer is insolvent". The exclusion afforded by sectionPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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