Compromising a tax debt should not create COD income because
no loan proceeds are received in exchange for incurrence of tax
debts. Where some part or all of the cancelled debt has been accrued
and deducted, however, the tax benefit rule does appear to
create COD income. Nevertheless, this result must be rejected as
unintended and contrary to the purpose of granting tax relief. The
Service should repudiate Yale Avenue as erroneous so that taxpayers
may enjoy certainty as to the tax consequences of OIC
agreements.