Agostinho Dias Reis - Page 3

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          typically asked Mr. Stern to give him a portion of the escrowed             
          funds, and Mr. Stern promptly complied with those requests.                 
               On or about March 23, 1990, Stanley R. Stern, P.C. merged              
          with another law firm (merger) and became known as Stern, Sherman           
          & Tamsen (the firm).  Petitioner continued to work for the firm             
          under the same arrangement that he had had with Stanley R. Stern,           
          P.C., although his responsibilities were reduced.                           
               At the time of the merger, the escrowed funds to which                 
          petitioner was entitled equaled $173,000.  On March 30, 1990,               
          petitioner asked Mr. Stern for those escrowed funds.  Mr. Stern             
          did not comply with that request, and petitioner did not receive            
          the escrowed funds during 1990, or any other year, because those            
          funds were stolen by third parties.                                         
               During the year at issue, petitioner was a cash basis                  
          taxpayer.  He did not report the $173,000 of escrowed funds as              
          income in his 1990, or any other, Federal income tax return that            
          he filed, and he did not pay any Federal income tax on those                
          funds in 1990 or any other year.                                            
                                       OPINION                                        
               Petitioner has the burden of proving that he is entitled to            
          the deduction that he is claiming under section 165.  See Rule              
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                       
               Petitioner contends that he is entitled under section 165 to           
          deduct the $173,000 of escrowed funds that were stolen.  Respon-            
          dent counters that petitioner did not receive those funds and did           




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