Christopher A. Boyko and Roberta A. Boyko - Page 14

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          than his own testimony, in support of these allegations.                    
          Petitioner's own assertions are simply insufficient to establish            
          that he is entitled to claim a theft loss for the amounts paid to           
          Mr. Kelley.                                                                 
               Petitioner also asserts that because the computer program is           
          now worthless, Mr. Kelley has committed theft by deception.  We             
          disagree.  A loss resulting from investments in questionable                
          enterprises does not, per se, amount to theft.  See Hartwick v.             
          Commissioner, T.C. Memo. 1988-424; Ennis v. Commissioner, T.C.              
          Memo. 1986-178.  There is no persuasive evidence of any                     
          misrepresentations by Mr. Kelley in the record.  In essence, the            
          record here reflects that petitioner invested in an idea of Mr.             
          Kelley's that never materialized.  Accordingly, petitioner is not           
          entitled to a theft loss deduction for amounts paid to Mr.                  
          Kelley.                                                                     
          IV.  Section 162--Trade or Business Expenses                                
               Petitioner's final argument is that the $30,550 paid for the           
          release of the computer leases, the $9,899 paid under the                   
          computer leases, and the $17,715 paid to Mr. Miller for                     
          investigating the computer program are deductible as an ordinary            
          and necessary business expense under section 162.  Petitioner               
          asserts that the payments were ordinary and necessary business              
          expense under two alternative theories.  First, petitioner                  







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