Timothy J. and Joan M. Miller - Page 44

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               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 section              






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