Michael and Christa Dee Richardson - Page 3

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               At trial, petitioner explained that he bought the equipment            
          to use in a gold mining venture he carried on in 1989 in Nevada             
          on property owned by the Bureau of Land Management.  Some time in           
          1989 he ceased to carry on this venture and went back to work for           
          a railroad.  He covered the equipment with canvas and left it on            
          the mining site.  As petitioner put it, this "was way out in the            
          middle of nowhere."  Petitioner testified that the closest                  
          building was probably 30 miles from the site and the closest town           
          was about 80 to 90 miles away.  Petitioner did not insure the               
          equipment.  He testified that he last saw the equipment in                  
          approximately July 1992 and saw that the equipment was missing in           
          approximately June 1993.  Petitioner did not file a police report           
          at any time.                                                                
               Section 165 allows as a deduction theft losses sustained               
          during the year not compensated by insurance or otherwise.  In              
          general, whether or not a theft loss is incurred in a trade or              
          business, the amount of the loss to be taken into account is the            
          lesser of either (1) the fair market value of the property                  
          immediately before the theft, or (2) the adjusted basis of the              
          property.  Secs. 1.165-7 and 1.165-8(c), Income Tax Regs.; see              
          also sec. 165(h).  In the case of property used in a trade or               
          business, if the fair market value of the property immediately              
          before the theft is less than the adjusted basis, the amount of             
          the adjusted basis would be treated as the amount of the loss.              





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