- 6 - of the parties’ positions that we find to have no merit, we make the following findings regarding petitioners’ financial status immediately before the discharge: (1) The fair market value of the property subject to the foreclosure proceeding was $90,000 (per stipulation of the parties); (2) petitioners had other assets totaling $43,715 (per stipulation of the parties); (3) petitioners’ liability to Countrywide was not less than $143,280 (per stipulation of the parties); and (4) petitioners’ other liabilities totaled not more than $12,224.79 (liabilities substantiated per stipulation of the parties). Plugging these amounts into the equation contemplated by the statute, we find, as respondent acknowledges in his brief, that immediately before the discharge, petitioners’ liabilities exceeded their assets by $21,790.59, and therefore, within the meaning of section 108(a)(1)(B), petitioners were insolvent to that extent for purposes of section 108. Section 108(a)(3) limits the exclusion provided in section 108(a)(1)(B) to the “amount by which the taxpayer is insolvent.” Applying the $21,790.59 exclusion against the $22,035 discharged results in $244.41 that is includable in petitioners’ 2002 income as a result of the discharge of their indebtedness to Countrywide. Respondent imposed a section 6662(a) accuracy-related penalty upon the ground that the underpayment of tax required toPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008