Timothy C. Robbins - Page 6

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          gross income by reason of the discharge of the indebtedness of              
          the taxpayer, provided that the taxpayer was insolvent at the               
          time the indebtedness was discharged.                                       
               Petitioner testified extensively about his debts and offered           
          into evidence a collection statement listing his assets and                 
          liabilities.  The Court, however, concludes that petitioner’s               
          testimony lacks credibility.  Petitioner produced no                        
          documentation to support his claims reflected on the collection             
          statement offered at trial.                                                 
               Petitioner claimed, both in his collection statement and at            
          trial, that he was jointly and severally liable for the mortgage            
          on his business and two residences; however, petitioner owned               
          these properties jointly with other parties.  Although petitioner           
          may have been jointly and severally liable with other parties for           
          the indebtedness on these properties, that fact, standing alone             
          as relates to the issue in this case, does not establish that               
          petitioner was insolvent without proof that the other codebtors             
          were themselves insolvent.  The Court, therefore, rejects                   
          petitioner’s argument.  His financial statement, without                    
          additional corroboration as regards the solvency of his                     
          codebtors, does not satisfy or establish to the Court that he is            
          insolvent.                                                                  
               Petitioner reported $40,431 in gross income for the year at            
          issue.  Furthermore, petitioner testified that his firm earned              






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