Kevin and Deborah Keith - Page 5




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          petitioners, the company was precluded under State law from                 
          collecting that amount.  As evidenced in a Form 1099-C,                     
          Cancellation of Debt, issued to petitioners by Countrywide,                 
          $22,035 of the debt originating from the loan was forgiven during           
          2002.                                                                       
               Immediately preceding the foreclosure of the mortgage,                 
          petitioners had assets totaling $133,715 and liabilities                    
          totaling $155,505.59.3                                                      
               Petitioners did not include any amount of cancellation of              
          indebtedness income on their 2002 return.  In the notice of                 
          deficiency respondent increased petitioners’ income by the amount           
          reported as cancellation of indebtedness on the Form 1099-C.                
          Other adjustments made in the notice of deficiency have been                
          agreed to by the parties.                                                   
                                     Discussion                                       
               In general, the term “income” as used in the Internal                  
          Revenue Code means income from any source, including income from            
          the discharge of indebtedness.  Sec. 61(a)(12); Commissioner v.             
          Glenshaw Glass Co., 348 U.S. 426 (1955).  In this case, during              
          the year in issue, Countrywide forgave $22,035 of the debt owed             
          to it by petitioners as a result of the loan.  According to                 
          respondent, that amount is includable in petitioners’ 2002                  


               3 The stipulated amount shown for assets includes the value            
          of the residence at $90,000.                                                






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