- 2 - concessions,2 the remaining issues for decision are: (1) Whether respondent has the burden of proof in this case under Rule 142(a); (2) whether petitioners must recognize cancellation of indebtedness (COD) income under section 61(a)(12) of $62,707; and (3) whether petitioners are liable for the accuracy-related penalty under section 6662(a). We hold that (1) respondent has the burden of proof in this case; (2) petitioners do not have to recognize COD income because respondent failed to meet his burden of proving that they were solvent on the date immediately preceding the discharge of the debt (calculation date); and (3) as a result, there is no accuracy-related penalty under section 6662(a). 1(...continued) Court Rules of Practice and Procedure. 2On brief, respondent concedes that petitioners are not liable for COD income attributable to the discharge of three debts as determined in the notice of deficiency because that income is excludable under sec. 108(a)(1)(B). However, respondent also takes the position that petitioners must recognize COD income of $62,707 from discharge of a fourth debt that was not included in the notice of deficiency. In addition, respondent continues to assert that petitioners are liable for the accuracy-related penalty under sec. 6662(a). Respondent also determined in the notice of deficiency that petitioners had gross income of $13 in dividends received by Sajida Razvi from her Mellon Investment Services account. Petitioners did not raise this item of income in their petition or otherwise argue against it throughout the litigation process. We therefore consider petitioners to have conceded their liability on the dividend issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011