The most recent decision was Yale Avenue v. Commissioner,57 in which the parties had stipulated that COD income would arise unless
the taxpayer was insolvent. The court found the taxpayer to
be solvent and upheld the assessment. The facts indicate that Yale
Avenue paid the principal amount of tax in full and that the OIC
agreement cancelled only accrued interest. Although the factual
situation was on all fours with Eagle Asbestos, the Yale Avenue
court did not cite it, nor did it mention the tax benefit rule.
Because the Service has published nothing in this area since
Yale Avenue, its litigating position apparently remains that an
OIC agreement is taxable.