Cancellation of debt not taxable

    • [DOC File]In the Matter of - College of Law

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      Discharge of Debt . A discharge or cancellation or forgiveness of a debt, where a debt is cancelled for consideration, is taxable income. A gratuitous cancellation of debt may qualify as a gift, and may not be includible as gross income – facts and circumstances determine taxability. Exclusions may apply to the cancellation of some student loans.

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    • Topic No. 431 Canceled Debt – Is It Taxable or Not ...

      The issuance of a Form 1099-C (Cancellation of Debt) is an identifiable factor but is not necessarily dispositive of an intent to cancel debt. Other factors, such as a foreclosure (discussed below) or discontinuation of collection activity, may be necessary to prove that a COD event has occurred.

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    • [DOC File]An Introduction to the Tax Impact of Cancellation of ...

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      Taxpayer does not recall receiving a 1099-C and did not include in her taxable income the 1099-C cancellation of debt income that resulted in the proposed deficiency. A 90 day Statutory Notice of Deficiency was issued on December 24, 2007. (Attached as …

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    • [DOC File]Law Outlines - Federal Income Tax (Klein, 13th Ed) - Prof ...

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      Zarin v. Commissioner (Tax Ct 1989) (discharge of gambling indebtedness due to State intervention NOT taxable—settlement amount was the actual amount of the debt ( no cancellation arose) Liable for the debt? Held property subject to the debt? Exchange of Services—each person must include the value of the service received in their gross ...

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    • [DOC File]In the Matter of

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      Mr. Doe did not have cancellation of indebtedness income for tax year 2004 because: 1) the indebtedness was void, and (2) the amount of the debt is in dispute. Thus, the burden of going forward with the evidence rests with the Internal Revenue Service. Finally, 3) Mr. Doe was insolvent at the time. PROCEDURAL BACKGROUND OF TAX MATTER

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    • [DOC File]Untitled [www.sjsu.edu]

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      American Dental Company—Cancellation of debt by a family member is considered a gift and is not discharged of indebtedness income under §61(a)(12) Reg. § 1.61-12(a). Contested Liability Doctrine— If an obligor legitimately disputes a creditor’s claim, then a settlement of the debt between the parties will be viewed as establishing the ...

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    • [DOC File]outline

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      Discharge of Debt. There is income for the cancellation of debt (§61(a)(12)) The debt must be legally enforceable for the discharge to be income (Zarin v. Commissioner) Repurchase of debt . Income if at less than FMV to the extent of the difference (§ 1.61-12(a)) Debtor services

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    • [DOC File]FEDERAL INCOME TAX ISSUES RELATED TO

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      The lender thereafter would be required to report the amount of the cancelled debt to the borrower and to the Internal Revenue Service on a Form 1099C, Cancellation of Debt. The general rule of Section 61(a)(12) of the Internal Revenue Code (“IRC”) provides that gross income includes income from the discharge of indebtedness.

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