Searcy M. Ferguson, Jr., and Elizabeth L. Ferguson - Page 19

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          Alleged Failure of Ms. Smith To File a Proper 1986 Federal Income           
          Tax Return                                                                  
               Respondent contends that petitioners are not entitled to               
          deduct a loss with respect to the alleged failure of Ms. Smith to           
          file a proper 1986 Federal income tax return because no related             
          liability existed between Ms. Smith and petitioner.  Petitioners            
          contend that Ms. Smith and petitioner agreed pursuant to the                
          divorce agreement to file separate 1986 Federal income tax                  
          returns, that Ms. Smith failed to file a proper 1986 Federal                
          income tax return, that petitioner’s return was audited and he              
          was required to pay Ms. Smith’s 1986 tax liability of $118,000,15           
          that Ms. Smith’s failure to file a proper 1986 Federal income tax           
          return constitutes “theft by swindling and false pretenses”, and            
          that petitioners are entitled to deduct the $118,000 as a bad               
          debt loss and/or as a theft loss.16                                         
               Petitioners have failed to demonstrate that they are                   
          entitled to a section 165 theft loss deduction related to the               
          alleged failure of Ms. Smith to file a proper 1986 Federal income           




               15Petitioners contend that their accountant determined that            
          Ms. Smith’s alleged failure to file a proper 1986 Federal income            
          tax return resulted in expenses to petitioner of $118,000 “after            
          allowing her all credits for community splitting.”                          
               16Petitioners do not specify whether the claimed deduction             
          constitutes a sec. 165 theft loss deduction or a sec. 166 bad               
          debt deduction.                                                             





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