Estate of Bonnie J. Liston Harden, Deceased, David J. Kotler, Executor - Page 15

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          issued a promissory note to Rory.  Consequently, the indebtedness           
          to Rory was not Bonnie's obligation at the time of her death.               
               Accordingly, petitioner has failed to carry its burden of              
          proof with respect to this issue, and it is not entitled to the             
          deduction.                                                                  
          V.  Deduction for Theft                                                     
               Section 2054 provides for a deduction from the gross estate            
          for losses arising from fires, storms, shipwrecks, or other                 
          casualties, or from theft, when such losses are not compensated             
          for by insurance or otherwise.  Only losses of the nature                   
          described in section 2054 are deductible.  Sec. 20.2054-1, Estate           
          Tax Regs.                                                                   
               Petitioner contends that the USM representative embezzled              
          its $300,000 investment and that, for purposes of section 2054, a           
          theft occurred.  Respondent does not refute that the $300,000 was           
          embezzled but contends that petitioner has failed to prove that             
          $300,000 was invested by the estate in USM.  We disagree.                   
          Petitioner has established that it invested $300,000 in USM.                
          Moreover, it has established that the USM representative                    
          embezzled the $300,000 from petitioner.  As a result, we conclude           
          that petitioner is entitled to a deduction for a theft loss under           
          section 2054.                                                               
          VI.  Additions to Tax for Negligence                                        
               Section 6653(a)(1) provides that if any part of any                    
          underpayment of tax required to be shown on a return is due to              




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