MTS International, Inc. - Page 14

                                               - 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 Evidence                                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011