Michael E. Yoakum - Page 6

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          & Television, Inc., supra at 235; Deputy v. du Pont, 308 U.S.               
          488, 493 (1940).                                                            
               Petitioner has not established that he incurred an NOL or,             
          if he did, the amount of any NOL that may be carried over to the            
          subject years.  First, as to his claimed theft loss, section                
          165(a) and (c)(3) generally allows a taxpayer such as petitioner            
          to deduct losses from the theft of property if he establishes               
          (1) that a theft occurred under the law of the jurisdiction where           
          the alleged loss occurred, Monteleone v. Commissioner, 34 T.C.              
          688, 692 (1960), (2) the amount of the theft loss, Zmuda v.                 
          Commissioner, 79 T.C. 714, 728-729 (1982), affd. 731 F.2d 1417              
          (9th Cir. 1984), and (3) the date that the loss from the theft              
          was discovered,4 McKinley v. Commissioner, 34 T.C. 59, 63-64                
          (1960).  River City Ranches # 1 Ltd. v. Commissioner, T.C. Memo.            
          2003-150.  Here, petitioner through the limited record that he              
          has chosen to build has not established any of the facts                    
          necessary to meet any of these requirements.                                
               Second, even if petitioner had established those facts, he             
          has not proven that any portion of an NOL that he incurred before           
          1997 was applied properly to one or more of the subject years.              
          Petitioner must prove not only that he had an NOL in a year                 


               4 A theft loss is treated as sustained when discovered by              
          the taxpayer, sec. 165(e), except to the extent that the taxpayer           
          has a reasonable prospect of recovery, Viehweg v. Commissioner,             
          90 T.C. 1248, 1255-1256 (1988).                                             




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