Jordon Jay Fingar - Page 17

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          secretary, spent most of his time, and earned his livelihood.               
          For the reasons discussed herein, we sustain respondent's                   
          determination on this issue.                                                
          Issue 4.  Unreported Interest Income                                        
               For 1980, respondent determined that petitioner failed to              
          report interest income of $853 from the Irving Trust Co.                    
          Petitioner asserts that he received $2,291 of interest income in            
          1980 and that he correctly reported that amount on his 1980                 
          Federal income tax return.                                                  
               As a general rule, interest received by or credited to a               
          taxpayer within the taxable year, including interest on savings             
          or other bank deposits constitutes gross income and is fully                
          taxable.  Sec. 1.61-7, Income Tax Regs.                                     
               At trial, respondent submitted five Forms 1099 totaling                
          $1,429 (the Forms 1099) to establish that petitioner has                    
          unreported income of $853 for 1980.  However, the Forms 1099 on             
          which respondent relies refer to 1979, not to 1980.  Moreover,              
          none of the Forms 1099 are from the Irving Trust Co.                        
          Accordingly, we hold that petitioner correctly reported his                 
          interest income for 1980.                                                   
          Issue 5.  Theft Loss                                                        
               As a general rule, in computing taxable income, a taxpayer             
          may deduct, pursuant to section 165(a), any loss sustained during           
          the taxable year, including a loss arising from theft which is              
          not compensated by insurance or otherwise, if the taxpayer meets            




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