If a debt of a taxpayer is canceled after the death of the taxpayer, the cancellation of debt (COD) income is income to the estate or the non-grantor trust of the decedent and reportable as income on the 1041 return for the estate or non-grantor trust (Reg. 1.108-9(c)(2)) to the extent the estate or non-grantor trust is solvent.
The Code Sec 108(a)(1)(B) insolvency exclusion applies to estates and non-grantor trusts just as it applies to individuals, so the COD income is only taxable to the extent the estate or non-grantor trust is solvent and would be reportable on the 1041 return.
if cancelled before death, then it goes on form 1040 the same code section applies to the individual so it is only taxable to the extent the taxpayer is solvent. the executor can use form 982 to reduce certain tax attributes to reduce the amount on the 1099C that would be taxed
