John J. Burke and Vivian Burke - Page 15

            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).                                                                                 








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