HAMILTON v. C.I.R.

No. 19-9000.

955 F.3d 1169 (2020)

Vincent C. HAMILTON and Stephanie Hamilton, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED April 7, 2020.


Attorney(s) appearing for the Case

Paul W. Jones , Hale & Wood, LLP, Salt Lake City, Utah, for Appellants.

Julie Ciamporcero Avetta , Attorney, Tax Division ( Richard E. Zuckerman , Principal Deputy Assistant Attorney General, and Francesca Ugolini , Attorney, Tax Division, with her on the brief), Department of Justice, Washington, D.C., for Appellee.

Before TYMKOVICH, Chief Judge, MATHESON and McHUGH, Circuit Judges.


The Internal Revenue Code permits taxpayers who demonstrate insolvency to exclude discharged debts from their taxable income. Claiming insolvency, taxpayer Vincent Hamilton accordingly sought to exclude nearly $160,000 in student loans that were forgiven in the aftermath of a disabling injury. During the same tax year, however...

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