- 8 - 279 U.S. 716 (1929), for example, an employer paid an employee’s State and Federal income tax liabilities. The payment constituted income because “The discharge by a third person of an obligation to * * * [a taxpayer] is equivalent to receipt by the person taxed.” Id. at 729. In Harris v. Commissioner, T.C. Memo. 1975-125, affd. without published opinion 554 F.2d 1068 (9th Cir. 1977), discharge of indebtedness income included loan principal as well as interest, taxes, penalties, and trustee and attorney’s fees. In Jelle v. Commissioner, supra, discharge of indebtedness income included interest on a mortgage that was partially forgiven. See also Earnshaw v. Commissioner, T.C. Memo. 2002-191 (discharge of indebtedness income included a cash advance fee posted to the taxpayer’s account), affd. 150 Fed. Appx. 745 (10th Cir. 2005); Seay v. Commissioner, T.C. Memo. 1974-305 (taxpayer realized discharge of indebtedness income although he never received cash). We also disagree with petitioner’s contention that he “received no payment of cash, property, or anything else of value when he allegedly became liable for the [related items].” The right to use money represents a valuable property interest. Fed. Home Loan Mortgage Corp. v. Commissioner, 121 T.C. 254, 259 (2003). When viewed most favorably to respondent, the facts indicate that petitioner had use of the borrowed funds beyond thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007