This article offers two reasons why an OIC agreement should not
create income. The first reason derives from the principle that
COD income cannot arise unless the debtor received loan proceeds
in the form of money, goods, or services. Because taxpayers ordinarily
do not receive any identifiable proceeds in exchange for incurring
a tax debt, no income can arise upon its forgiveness. This explanation
does not cover all situations, however, because the
taxpayer may have assumed the tax debt as a condition of acquiring
property," or the tax benefit rule may apply to accrued
interest.5
The second reason why OIC relief should not be taxed is that it
would lead to absurd results which neither Congress nor the parties
to the agreement could have intended. The paradoxical effect
of taxing tax relief results from violating a circularity principle.
Application of a rule of tax law is never treated as an item of gain
or loss and then subjected to other tax rules. An OIC agreement
can be viewed as the application of a structural tax rule, just like a