- 14 - entrepreneur. His investment decision was not the result of Minkow’s misrepresentations. Petitioner points out that Minkow’s repeated personal contacts with petitioner differentiate this case from most cases where an investor buys publicly traded stock. See, e.g., Paine v. Commissioner, 63 T.C. at 740; Crowell v. Commissioner, T.C. Memo. 1986-314; De Fusco v. Commissioner, T.C. Memo. 1979-230; Barry v. Commissioner, T.C. Memo. 1978-215. Petitioner maintains that he bought ZZZZ Best stock based not on his own analysis or that of a broker, but based on Minkow’s intentional misrepresentations to petitioner. We disagree for the reasons stated above. Petitioner has not shown that there was a theft under section 514.040 of the Kentucky Penal Code because Minkow did not try to convince petitioner to buy ZZZZ Best stock and because petitioner’s decision to buy the stock was not made in reliance on Minkow’s representations. Therefore, we conclude that petitioner may not deduct his loss on ZZZZ Best stock as a theft loss. In view of our holding, we need not reach respondent’s argument that petitioner had a reasonable prospect of recovery at the end of 1987. B. Petitioner’s Dividend Income and Petitioner Corporation’s Travel and Entertainment Expenses Deduction 1. Petitioner’s EvidencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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