- 14 - than his own testimony, in support of these allegations. Petitioner's own assertions are simply insufficient to establish that he is entitled to claim a theft loss for the amounts paid to Mr. Kelley. Petitioner also asserts that because the computer program is now worthless, Mr. Kelley has committed theft by deception. We disagree. A loss resulting from investments in questionable enterprises does not, per se, amount to theft. See Hartwick v. Commissioner, T.C. Memo. 1988-424; Ennis v. Commissioner, T.C. Memo. 1986-178. There is no persuasive evidence of any misrepresentations by Mr. Kelley in the record. In essence, the record here reflects that petitioner invested in an idea of Mr. Kelley's that never materialized. Accordingly, petitioner is not entitled to a theft loss deduction for amounts paid to Mr. Kelley. IV. Section 162--Trade or Business Expenses Petitioner's final argument is that the $30,550 paid for the release of the computer leases, the $9,899 paid under the computer leases, and the $17,715 paid to Mr. Miller for investigating the computer program are deductible as an ordinary and necessary business expense under section 162. Petitioner asserts that the payments were ordinary and necessary business expense under two alternative theories. First, petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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