Timothy C. Robbins - Page 5

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          discharge of a debt effects the freeing of assets previously                
          offset by the liability.  Jelle v. Commissioner, 116 T.C. 63, 67            
          (2001) (citing United States v. Kirby Lumber Co., supra).                   
               The treatment of discharge of indebtedness income parallels            
          the Internal Revenue Code’s treatment of loans.  Toberman v.                
          Commissioner, 294 F.3d 985, 988 (8th Cir. 2002), affg. in part              
          and revg. in part T.C. Memo. 2000-221.  Borrowed funds are not              
          included in a taxpayer’s income.  Nor are repayments of a loan              
          deductible from income.  When, however, an obligation to repay a            
          loan is settled for less than the amount of the loan, one                   
          ordinarily realizes income from discharge of indebtedness.  Sec.            
          61(a)(12); Warbus v. Commissioner, 110 T.C. 279, 284 (1998)                 
          (citing Vukasovich, Inc. v. Commissioner, 790 F.2d 1409, 1413-              
          1414 (9th Cir. 1986), affg. in part and revg. in part T.C. Memo.            
          1984-611).  The difference between the face value of the debt and           
          the amount paid in satisfaction of the debt is includable in the            
          taxpayer’s gross income.  Babin v. Commissioner, 23 F.3d 1032,              
          1034 (6th Cir. 1994), affg. T.C. Memo. 1992-673.                            
               Petitioner does not challenge the principle that discharge             
          of indebtedness constitutes gross income.  His sole argument is             
          that he was insolvent at the time he was relieved of this                   
          liability, and, therefore, the discharged indebtedness does not             
          constitute gross income.  Under section 108(a)(1)(B), gross                 
          income does not include any amounts that would be includable in             






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