Fatai O. and Mary King - Page 6




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          v. Commissioner, 675 F.2d 1077 (9th Cir. 1982), affg. T.C. Memo.            
          1979-479.                                                                   
               Mr. King hired an attorney and filed a claim against PNC in            
          1994 for PNC's failure properly to credit his account.  Mr. King            
          was prosecuting his claim with reasonable diligence in 1994, and            
          a substantial possibility existed that he would recover his money           
          from PNC.  A panel of arbitrators ruled in favor of Mr. King in             
          1995, several months before he filed an amended tax return for              
          1994.  Mr. King's claim was ultimately upheld by the Common Pleas           
          Court of Philadelphia, Pennsylvania, and he was reimbursed by               
          PNC.  Because Mr. King had a reasonable prospect of recovery in             
          1994, petitioners are not entitled to the loss deduction on their           
          amended joint return for that year.                                         
               The second deduction at issue involves an alleged $11,744              
          lottery shortage.  Petitioners argue that Mr. King was                      
          responsible for paying off two winning lottery tickets with his             
          own money because one of his newsstand employees had lost the               
          winning tickets.  Normally, the Pennsylvania Bureau of State                
          Lottery pays for winning lottery tickets by wiring money to the             
          retailer's lottery account.  If the retailer pays the winning               
          ticket before the money is wired, then the retailer is reimbursed           
          from the lottery.  Petitioners produced two checks drawn on Mr.             
          King's lottery bank account.  Mr. King testified that those                 
          checks were paid to two lottery winners because a former                    





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