- 3 - On petitioners’ 2004 Form 1040, U.S. Individual Income Tax Return, filed jointly in April 2005, petitioners did not report any discharge of indebtedness income. Instead, petitioners attached a statement to their return which disclosed that they received a Form 1099-C from MBNA that reported discharge of indebtedness income of $16,678. The statement also explained that petitioners believed the amount disclosed on the Form 1099-C was not subject to income tax. Respondent’s determination of a deficiency in petitioners’ Federal income tax for the taxable year 2004 was attributable to petitioners’ failure to report the discharge of indebtedness income.3 OPINION Section 61 generally defines gross income as “all income from whatever source derived”. Section 61(a)(12) specifically provides that gross income includes income from the discharge of indebtedness. See also Gitlitz v. Commissioner, 531 U.S. 206, 213 (2001); United States v. Kirby Lumber Co., 284 U.S. 1 (1931). Respondent determined that MBNA’s agreement with Mr. Payne to accept $4,592 in full settlement of the undisputed account 3 The deficiency is also based on a greater portion of petitioners’ Social Security income becoming taxable and the disqualification of petitioners for the earned income credit. Both of these adjustments stem from the increased gross income petitioners would have as a result of the discharge of indebtedness.Page: Previous 1 2 3 4 5 6 NextLast modified: March 27, 2008