- 4 - Discussion We begin by noting that petitioner bears the burden of proving that respondent's determination is erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and petitioner bears the burden of proving that she is entitled to any deductions claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). 1. Theft Loss Petitioner traveled to Florida for several weeks from December 1992 through January 1993. Included in her belongings were several pieces of jewelry. In early January 1993, petitioner noticed that some of her jewelry was missing. On Schedule A of her 1992 return, petitioner claimed a theft loss in the amount of $8,660, which respondent reduced by computational adjustment to $5,414. Upon examination, respondent disallowed the entire theft loss claimed by petitioner. Petitioner argues that she is entitled to a deduction with respect to the theft loss in the amount of $8,660. Individual taxpayers may deduct losses arising from fire, storm, shipwreck, or other casualty, or from theft, if the loss is sustained during the taxable year and not compensated by insurance or otherwise. Sec. 165(a), (c)(3). Personal casualty or theft losses are deductible to the extent that the losses, asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011