- 34 -
theft, whether or not the government conduct is arbitrary or
despotic. Farcasanu v. Commissioner, 436 F.2d 146, 149 (D.C.
Cir. 1970), affg. 50 T.C. 881 (1968); Powers v. Commissioner, 36
T.C. 1191, 1192 (1961). As to foreclosures and repossessions,
see Johnson v. United States, 291 F.2d 908, 909 (8th Cir. 1961);
Rafter v. Commissioner, 60 T.C. 1, 13 (1973), affd. without
published opinion 489 F.2d 752 (2d Cir. 1974).
Whether or not the Army Corps of Engineers acted within its
lawful authority,13 we conclude, and we have found, that the Army
Corps of Engineers did not criminally appropriate the Island or
any other asset connected with R.K.
We conclude, and we have found, that Poppe’s actions in
successfully enforcing his rights under the purchase-money
mortgage note did not constitute a criminal appropriation of the
Island or any other asset connected with R.K. Johnson v. United
States, 291 F.2d at 909.
Petitioners point out that respondent did not dispute their
1983, 1984, and 1985 theft/casualty loss deductions and
carryovers. As supra table 1 shows, petitioners reported a
substantial profit for 1983, but for this deduction. Also,
petitioners reported other income for 1984, and wage and other
income for 1985 (see supra table 2), in amounts substantially
13 See Laney v. United States, 661 F.2d at 147-149,
holding that the Army Corps of Engineers misinterpreted the law.
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