- 5 - petitioners have not established that a theft occurred. We conclude that Ms. Dugan committed a theft from Mr. Willey when she solicited and received payment for, but failed to deliver, Treasures stock. Respondent further contends that even if petitioners establish that a theft occurred, they are not entitled to a deduction in 1993 because at the end of that year Ms. Dugan's bankruptcy proceeding was pending and, as a result, petitioners had a reasonable expectation of recovering some of their funds. See sec. 1.165-1(d)(3), Income Tax Regs. We disagree. "A reasonable prospect of recovery exists when the taxpayer has bona fide claims for recoupment from third parties or otherwise, and when there is a substantial possibility that such claims will be decided in his favor." Ramsay Scarlett & Co. v. Commissioner, 61 T.C. 795, 811 (1974), affd. 521 F.2d 786 (4th Cir. 1975). Petitioners did not file a proof of claim until 1994, and even then their chances of recovery were remote. Therefore, in 1993 petitioners did not have a reasonable expectation of recovery. Accordingly, we hold that petitioners are entitled to deduct a theft loss of $299,900. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011