of funds by employees of the Burke Insurance Agencies. Taxpayers bear the burden of proving that they are entitled to the losses they claim. Burnet v. Houston, 283 U.S. 223, 227 (1931). Mr. Burke testified at trial that Ms. Romano and Evelyn Coleman, employees of the Burke Insurance Agencies, embezzled funds from him. In particular, Mr. Burke claims that these women would write checks payable to him, endorse the checks in his name, and then keep the funds for themselves. Both Ms. Romano and Ms. Coleman denied these accusations. Ms. Romano testified that she would write and endorse checks in Mr. Burke's name only when instructed to do so by Mr. Burke himself, and she would always provide him with the funds she received. As already explained, we believe that Mr. Burke's allegations are nothing more than an attempt to conceal his diversion of funds for his own personal use. Therefore, we sustain respondent's disallowance of any embezzlement losses for the years in issue. Schedule E Losses Mr. Burke claimed Schedule E (Supplemental Income Schedule) losses of $23,453, $141,418, and $37,348 for the taxable years 1985, 1986, and 1987, respectively. Mr. Burke alleges that these losses were sustained by Ard Rhei, his wholly owned S corporation. With the exception of a $3,200 deduction for 1985, respondent disallowed any deduction for these losses. An S corporation is not normally subject to corporate income tax. Sec. 1363(a). Instead, shareholders include their pro rata share of the corporation's income, losses, deductions, or credits on their individual tax returns. Sec. 1366(a)(1). Shareholders are only entitled to claim losses and deductions to the extent of their adjusted basis in the corporation's stock and any indebtedness of the S corporation to the shareholder. Sec. 1366(d)(1).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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