The Code does not provide an adequate definition of "indebtedness"
under section 61(a)(12) 1 e or any other section of the Code.62
Section 61(a)(12) does not explicitly limit "indebtedness" to debt
incurred in exchange for value, nor did Kirby Lumber's "freeing of
assets" theory imply such a requirement. Read literally, the Code
treats all cancellation of debt as income, and because all relief
from debt does undeniably improve the debtor's economic condition,
such a literal interpretation is not inherently implausible. On
the other hand, the economic benefit of COD should not automatically
be regarded as profit or gain for tax purposes, because the
benefit may be equivalent to a tax-free return of capital.
The Code does not provide an adequate definition of "indebtedness"under section 61(a)(12) 1 e or any other section of the Code.62Section 61(a)(12) does not explicitly limit "indebtedness" to debtincurred in exchange for value, nor did Kirby Lumber's "freeing ofassets" theory imply such a requirement. Read literally, the Codetreats all cancellation of debt as income, and because all relieffrom debt does undeniably improve the debtor's economic condition,such a literal interpretation is not inherently implausible. Onthe other hand, the economic benefit of COD should not automaticallybe regarded as profit or gain for tax purposes, because thebenefit may be equivalent to a tax-free return of capital.
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