- 26 - investment, Mr. Norby did not consult an attorney in 1990 or 1991. He knew that collateral suits against third parties were in progress but chose not to participate in them. He did not speak with Ms. Jobin, the bankruptcy trustee, in 1990. He filed a proof of claim in the bankruptcy proceeding on November 5, 1991, seeking recovery of his losses. While the information Mr. Norby obtained in 1990 indicated M&L's fraud and raised questions about its true financial condition, the record does not support his conclusion that, objectively, his prospects of recovering at least part of his investment were remote or nebulous. Mr. Norby did not offer any explanation as to why any attempt or suit for recovery would have been futile except to relate that his analysis and subjective feelings led him to believe that his principal investment in M&L had been lost in 1990. That is not sufficient to meet his burden of proof that there was no prospect of recovery. See Boehm v. Commissioner, 326 U.S. at 294. Accordingly, because we conclude that Mr. Premji and Mr. Norby had reasonable prospects for recovery of some of their claimed M&L losses in 1990, we hold that they are not entitled to theft loss deductions in that year.11 11 Petitioners may be entitled to claim theft loss deductions in the year their claims are allowable and paid in the bankruptcy proceeding if their recoveries are less than the principal amounts they invested in M&L.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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