Legal Opinion

Sutphin v. United States

United States Court of Claims

Decided April 6, 1988No. 49-87TPublishedCited by 4 opinions

1Opinion of the Court

OPINION

BRUGGINK, Judge.

This is a suit for refund of $4120.09 in federal income taxes, paid by plaintiffs James and Louise Sutphin for calendar year 1982. Both plaintiffs and defendant have filed motions for summary judgment. The only question before the court is whether the discounted prepayment of the taxpayers’ mortgage constituted discharge of indebtedness income. Jurisdiction for this action is conferred upon the court by 28 U.S.C. § 1491 (1982).

FACTUAL BACKGROUND

The undisputed facts of the case are as follows:

In March 1982, plaintiffs were indebted to Park View Federal Savings & Loan…

2Cases cited20 opinions

  1. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  2. Commissioner v. JacobsonSupreme Court of the United States · 1949
  3. Helvering v. American Dental Co.Supreme Court of the United States · 1943
  4. Bowers v. Kerbaugh-Empire Co.Supreme Court of the United States · 1926
  5. Fairbanks v. United StatesSupreme Court of the United States · 1939

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3Cited by4 opinions

  1. Zarin v. CommissionerUnited States Tax Court · 1989
  2. Centennial Savings Bank Fsb, Cross-Appellee v. United States of America, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1989
  3. Zarin v. CommissionerUnited States Tax Court · 1989
  4. Zarin v. CommissionerUnited States Tax Court · 1989

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