Ancil N. Payne, Jr. & Mary E. K. Payne - Page 3




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               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.                                                               





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