Ancil N. Payne, Jr. & Mary E. K. Payne - Page 2




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          discharge of indebtedness income on their 2004 Federal income tax           
          return.  We hold that they should have done so and therefore                
          sustain respondent’s determination.                                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts, together with the attached exhibits, is           
          incorporated herein by this reference.  At the time they filed              
          their petition, petitioners resided in Minnesota.                           
               At the end of 1992 petitioner Ancil N. Payne, Jr. (Mr.                 
          Payne), opened a credit card account with MBNA America Bank.  Mr.           
          Payne used the credit card to pay hospital bills and receive cash           
          advances during periods of unemployment.  By April 26, 2004, Mr.            
          Payne had accumulated $21,407 of credit card debt.  At no time              
          did Mr. Payne challenge the accuracy of this amount.  Petitioners           
          were not insolvent in 2004, nor did they file for bankruptcy.               
               By October 19, 2004, Mr. Payne and MBNA entered into an                
          agreement whereby MBNA agreed to accept $4,592 as a full                    
          settlement of the account balance of $21,270, payable in                    
          installments over 4 months.2  Mr. Payne made the necessary                  
          payments, and MBNA issued him a Form 1099-C, Cancellation of                
          Debt, reporting $16,678 of discharge of indebtedness income.                




               2  Several of these payments had already been made by the              
          time the agreement was formalized.                                          





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