Mary K. Fisher and Charles F. Patterson, et al. - Page 17

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          the claimed NOL, petitioner has failed to provide any hint as to            
          where the losses may have originated.  Petitioner has failed to             
          meet his burden of proof with respect to this issue.  We,                   
          therefore, sustain respondent's determination.                              
          2.  Horse- and Dog-Breeding Activities                                      
               (a) Casualty and Theft Losses in 1991                                  
               We now address whether petitioners are entitled to casualty            
          and theft losses claimed for 1991, relating to the death of Since           
          Gussie and the purported theft of a puppy.  Section 165 provides            
          that taxpayers may deduct certain losses, including losses                  
          resulting from casualty or theft, sustained during the taxable              
          year and not compensated by insurance or otherwise.  Sec. 165(a),           
          (c)(3).  A taxpayer may deduct a casualty loss in the year in               
          which the loss is sustained and may deduct a theft loss in the              
          year in which the loss is discovered.  Sec. 165(a), (c)(3), (e).            
          The amount of a casualty or theft loss is equal to the lesser of            
          the fair market value or the adjusted cost basis of the property            
          in question.  Secs. 1.165-7(b) and 1.165-8(c), Income Tax Regs.             
          Therefore, if a taxpayer fails to establish the cost or other               
          basis of property underlying a claim for a casualty or theft loss           
          deduction, no deduction is allowable.  Zmuda v. Commissioner, 79            
          T.C. 714, 727 (1982), affd. 731 F.2d 1417 (9th Cir. 1984).                  

          8(...continued)                                                             
          incurred the losses in question.  Wilkinson v. Commissioner, 71             
          T.C. 633, 639 (1979).                                                       





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