- 5 - Petitioners also claim that they “are not the guarantor of the loan.” At trial, Mr. Schachner attempted to argue that since he was not the “applicant”, the debt was not his. However, the simple fact remains that Mr. Schachner signed the Application & Promissory Note, promising to be held jointly and severally liable for the debt. He received the proceeds of the loan directly. Further, the sole purpose in obtaining the loan was to enable him to purchase a computer and further his education.6 Mr. Schachner’s attempt to avoid responsibility and place the debt and its consequences solely with his mother-in-law is unavailing. To the extent petitioners have made other arguments, the Court concludes such arguments are without merit. As no exclusion applies and the debt was clearly Mr. Schachner’s responsibility, petitioners should have included $7,807 of cancellation of indebtedness income in their gross income on their 2003 tax return. 5(...continued) indebtedness, and the debt was not qualified real property business indebtedness. See sec. 108(a)(1)(B), (C), and (D). 6 The Court finds it worth noting that, although he never finished his degree, Mr. Schachner has been employed with Microsoft Corp. since 1999 and earns a substantial salary, no doubt due in part to this education.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011