- 4 - Discussion4 Section 61 generally defines gross income as “all income from whatever source derived”. Section 61(a)(12) specifically provides that gross income includes income from the discharge of indebtedness. See also Gitlitz v. Commissioner, 531 U.S. 206, 213 (2001); United States v. Kirby Lumber Co., 284 U.S. 1 (1931). Section 108(a)(1) lists several exclusions from this general rule, and petitioners argue that the exclusion in section 108(a)(1)(A) applies because the “loan was discharged in [their] Chapter 13 bankruptcy 4 years ago.” Section 108(a)(1)(A) provides that gross income does not include cancellation of indebtedness income if the discharge occurs in a title 11 case. Title 11 of the United States Code contains the provisions relating to bankruptcy, including the rules related to 11 U.S.C. Chapter 13, Adjustment of Debts of an Individual with Regular Income. Yet the Apple loan was specifically not discharged--nor was it dischargeable--in the bankruptcy proceedings. The loan remained on EduCap’s books until it was written off on April 30, 2003. Section 108(a)(1)(A) does not apply.5 4 The issue for decision is essentially legal in nature; accordingly, we decide it without regard to the burden of proof. 5 The other exclusions listed in sec. 108(a)(1) are inapplicable as well: Petitioners were not insolvent at the time the debt was discharged, the debt was not qualified farm (continued...)Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011