- 7 - Mr. Brown argues that because he was unable to close on the townhouse, he forfeited the deposit under the terms of the contract and, therefore, was entitled to claim a loss deduction. However, this assumption is not supported by the terms of the contract. The contract provided that upon the buyer’s default, the seller may either seek specific performance or any other relief provided by law or terminate the contract and keep the earnest money deposit as liquidated damages. Mr. Brown has not shown that the seller elected to keep the deposit as liquidated damages or even that the seller intended to enforce its contract claim against Mr. Brown. Indeed, Mr. Brown admittedly received the $5,000 back from the seller during the next taxable year. Accordingly, we find that Mr. Brown’s breach of contract, in itself, was not a closed and completed transaction giving rise to a deductible loss.3 See Lucas v. American Code Co., 280 U.S. 445, 450 (1930). Next, we must determine whether Mr. Brown is entitled to claim a deduction for a theft loss in the amount of $22,300 for the property taken from him by Ms. Lotts. Mr. Brown filed a civil suit against Ms. Lotts in 1994, obtained a default judgment, and has pursued collection since then. Mr. Brown did, in fact, recover the vehicle from Ms. Lotts. We find that the 3We note, however, that because Mr. Brown reported the recovery of the $5,000 deposit as income in 1994, he overreported his taxable income in 1994 and may be entitled to a refund for that year.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011