- 7 - 2. Property Held for the Production of Income/Casualty Loss Petitioner argues that he may nevertheless deduct the $90,000 payment under section 165(c)(3) or section 212. Section 165(a) allows taxpayers to deduct losses sustained during the taxable year which are not compensated or reimbursed by insurance or otherwise. There are limits on the deductibility of losses incurred by individuals. Under section 165(a)(3) such losses are allowable only if they are incurred in profit-seeking activity or arise from casualty or theft. Section 212 permits an individual to deduct all ordinary and necessary expenses paid or incurred for the production or collection of income, for the management, conservation, or maintenance of income-producing property, or for the determination, collection, or refund of any tax. We are unpersuaded by petitioner's arguments. Simply put, petitioner repurchased certain personal property from the Police Department, in lieu of its forfeiture, and a deduction is not allowable for property forfeited in connection with illegal narcotics activity. See, e.g., Schad v. Commissioner, 87 T.C. 609, 623 n.4 (1986), affd. without published opinion 827 F.2d 774 (11th Cir. 1987); Holmes Enters., Inc. v. Commissioner, 69 T.C. 114, 116-117 (1977); Holt v. Commissioner, 69 T.C. 75, 79 (1977), affd. per curiam 611 F.2d 1160 (5th Cir. 1980); Fuller v. Commissioner, 20 T.C. 308 (1953), affd. 213 F.2d 102 (10th Cir. 1954); Vasta v. Commissioner, T.C. Memo. 1989-531; Mack v. Commissioner, T.C. Memo. 1989-490; Farris v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011