- 3 - 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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011