- 2 - Judgment.1 The issue for decision concerns discharge of indebtedness income pursuant to section 61(a)(12). For the reasons stated below, we shall deny petitioner’s motion. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code, as amended. Background Petitioners resided in Washington, D.C., when the petition was filed. References to petitioner in the singular are to Gilbert Hahn, Jr. During 1986, petitioner obtained a $1 million line of credit from the National Bank of Washington (the bank), which was later increased to $2 million. During June 1988, petitioner borrowed against the line of credit and gave the bank a promissory note in the amount of $2 million (the note). The note provides, inter alia: (1) The outstanding principal and interest shall be payable on demand; (2) until demand is made, petitioner shall pay interest quarterly on the unpaid principal balance at the bank’s floating prime rate plus ½ percent; (3) in the event of a late payment, petitioner shall pay a late charge of 2 percent per 1 Petitioner and his wife, Margot Hahn, filed a joint 1995 Federal income tax return and a joint petition with the Court. Petitioner Margot Hahn now seeks relief from joint and several liability pursuant to sec. 6015, and each petitioner has retained separate counsel. Petitioner Margot Hahn did not join petitioner Gilbert Hahn, Jr. in making the instant motion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007