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the requirements of section 165 and the regulations thereunder.
If the theft loss is not connected with a taxpayer's trade or
business, a deduction shall be allowed only to the extent that
the amount of loss to the taxpayer arising from each casualty
exceeds $100. Sec. 165(c)(3).
At trial and on brief, petitioner asserts that he is
entitled to a $1,739 theft loss deduction not previously claimed
on his 1979 return for camera equipment allegedly stolen from his
car in March of 1979. Petitioner, however, has not established
that he has met the requirements of section 165 entitling him to
such a deduction. Petitioner did not submit a police report as
evidence that the theft actually occurred, nor did he submit
receipts to establish the amount spent for each item.
Accordingly, petitioner has failed to carry the burden of proof
on this issue.
Issue 6. Section 6651 (a)(1) Addition to Tax
For 1979 and 1980, respondent determined that petitioner,
pursuant to section 6651(a)(1), is liable for additions to tax of
$3,823 and $9,248, respectively.
Section 6651 imposes an addition to tax for failure to
timely file a Federal income tax return unless it is shown that
the failure is due to reasonable cause and not due to willful
neglect. Petitioner has the burden of proving that respondent's
determination of the addition to tax is erroneous. Rule 142(a);
Welch v. Helvering, 290 U.S. at 115.
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