- 43 - Lynch stole some of the estate's funds, petitioner relies mainly on fragmentary and confusing evidence that Lynch acted without lawful authority and converted to his own use assets and funds of the estate. This evidence is insufficient, and we reject it. Moreover, petitioner abandoned all efforts to collect refunds due the estate from Lynch and Reardon. Lynch was an attorney hired by the estate for the particular task of locating and recovering securities stolen from Philip. He enlisted Reardon to assist him in accomplishing the task assigned, and they were successful in doing so. Petitioner principally relies upon the proceedings before the Orphans' Court to support its allegation of theft. We have perused the entire record of the Orphans' Court litigation to find any mention of "theft". There is none. Terms such as "overreaching", "ethical considerations", "failure to keep adequate records", and "noncooperation" are all indicia of shortcomings on the part of Lynch, but they fall far short of establishing the "thieving state of mind" required to establish the crime of "theft" under Pennsylvania law. Petitioner's attempt to convert a fee dispute into a criminal act of theft in order to reduce its taxable estate is unpersuasive. Therefore, we hold that petitioner's claimed theft loss deduction must be denied. Issue 2. Attorney's FeesPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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