Legal Opinion

Carlson v. Commissioner

United States Tax Court

Decided February 23, 2001No. 12068-99PublishedCited by 15 opinions

Ps, husband and wife, purchased a fishing vessel (vessel). They financed that purchase by borrowing money from a bank. As security for the loan, Ps granted the bank a mortgage interest in the vessel.

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Ps, husband and wife, purchased a fishing vessel (vessel). They financed that purchase by borrowing money from a bank. As security for the loan, Ps granted the bank a mortgage interest in the vessel. Ps became delinquent in making payments to the bank on the loan, and the bank foreclosed on the vessel, sold it as part of that foreclosure, used the proceeds from that sale to reduce the outstanding principal balance of the loan, and discharged the remaining balance of the loan. As a result, Ps realized capital gain of $ 28,621 and discharge of indebtedness (DOI) income of $ 42,142. Ps excluded…

1Opinion of the Court

OPINION

Chiechi, Judge:

Respondent determined a deficiency in, and an accuracy-related penalty under section 6662(a)1 on, petitioners’ Federal income tax (tax) for 1993 in the amounts of $14,449 and $2,890, respectively.

The issues remaining for decision are:(1) Are petitioners entitled to exclude from gross income under section 108(a)(1)(B) discharge of indebtedness (DOI) income in the amount of $42,142? We hold that they are not.(2) Are petitioners liable for the accuracy-related penalty under section 6662(a)? We hold that they are to the extent stated herein.

Background

This case was submitted…

2Cases cited22 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  3. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  4. Antonides v. CommissionerUnited States Tax Court · 1988
  5. Borchers v. CommissionerUnited States Tax Court · 1990

17 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Wadleigh v. CommissionerUnited States Tax Court · 2010
  2. Kraatz & Craig Surveying Inc. v. CommissionerUnited States Tax Court · 2010
  3. Lindsay Manor Nursing Home, Inc. v. Comm'rUnited States Tax Court · 2017
  4. Hamilton v. CIRCourt of Appeals for the Tenth Circuit · 2020
  5. Shepherd v. Comm'rUnited States Tax Court · 2012

10 more not listed; retrieve them via the Exa API.

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