Timothy C. Robbins - Page 4

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          Instead, petitioner negotiated a settlement with MBNA for payment           
          of the balance.  MBNA agreed to accept a payment of $11,856 as              
          full accord and satisfaction for the $18,240 balance.  Petitioner           
          remitted the $11,856 to MBNA on November 29, 2001.                          
               MBNA thereafter issued petitioner a Form 1099-C,                       
          Cancellation of Debt, for the $6,384 difference between what                
          petitioner owed on his card and the amount he paid pursuant to              
          the agreement.  Petitioner filed his 2001 Federal income tax                
          return timely, reporting gross income of $40,431 from wages and             
          rental income, but he did not include as gross income the $6,384            
          forgiven by MBNA and reflected on the Form 1099-C.                          
               In the notice of deficiency, respondent determined that the            
          $6,384 forgiven by MBNA constituted gross income.  The principal            
          issue is whether petitioner is absolved from liability for tax on           
          this forgiveness of indebtedness because of his claim that he was           
          insolvent at the time the indebtedness was forgiven.                        
               Gross income includes all income from whatever source                  
          derived.  Sec. 61(a).  Discharge of indebtedness is specifically            
          included as an item of gross income.  Sec. 61(a)(12).  This means           
          that a taxpayer who has incurred a financial obligation that is             
          later discharged or released has realized an accession to income.           
          United States v. Kirby Lumber Co., 284 U.S. 1, 3 (1931); Friedman           
          v. Commissioner, 216 F.3d 537, 545 (6th Cir. 2000), affg. T.C.              
          Memo. 1998-196.  The rationale of this principle is that the                






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