- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008