- 2 - other court, and this opinion shall not be cited as precedent for any other case. Respondent determined a $12,448 deficiency in petitioners’ 2002 Federal income tax and imposed a $2,490 section 6662(a) accuracy-related penalty. The issues for decision are: (1) Whether petitioners realized cancellation of indebtedness income as a result of a foreclosure proceeding involving their residence; and, if so (2) whether the underpayment of tax required to be shown on petitioners’ 2002 Federal income tax return is a substantial understatement of income tax. Background Some of the facts have been stipulated and are so found. Petitioners are married to each other. Their joint 2002 Federal income tax return was timely filed. At the time the petition was filed, they resided in Pennsylvania. In 1994, petitioners purchased a parcel of land in Tobyhanna, Pennsylvania, for the purpose of constructing a house to be used as the family residence (the property). Petitioners financed the purchase of the land and/or the construction of the house through a $118,825 loan (the loan) from America’s Wholesale Lender, now know as Countrywide Home Loans, Inc. (Countrywide). The loan was evidenced by a note and secured by a mortgage on the property, each dated September 2, 1994.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008