Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix - Page 33

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               Petitioner contends that the estate is entitled to a theft             
          loss deduction for the amount of "excess fees" paid from the                
          estate's assets to Lynch and Reardon. To the contrary, respondent           
          contends that petitioner failed to prove that Lynch and Reardon             
          stole anything from the estate and has disallowed the claimed               
          theft loss deduction.                                                       
               Petitioner bears the burden of proving that respondent's               
          determinations are incorrect. Rule 142(a); Welch v. Helvering,              
          290 U.S. 111, 115 (1933); Estate of Gilford v. Commissioner, 88             
          T.C. 38, 51 (1987).  The general rule is that deductions are                
          strictly a matter of legislative grace, and a taxpayer has the              
          burden of establishing entitlement to any deduction claimed on              
          the return.  New Colonial Ice Co. v. Helverinq, 292 U.S. 435, 440           
          (1934); Estate of Damon v. Commissioner, 49 T.C. 108, 118 (1967).           
               The value of decedent's taxable estate equals the value of             
          his or her gross estate less certain deductions. Sec. 2051.                 
          Section 2054 allows a deduction from the value of the gross                 
          estate for losses incurred during the settlement of the estate              
          arising from fires, storms, shipwrecks, or other casualties, or             
          from theft, when such losses are not compensated for by insurance           
          or otherwise.                                                               
               In Estate of Shlensky v. Commissioner, T.C. Memo. 1977-148,            
          this Court stated, regarding section 2054:                                  
                    While neither this section nor the applicable                     
               regulations define the term "theft," the section's                     
               language closely parallels section 165(c)(3), and under                




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