- 15 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011