- 16 - For the 1990 taxable year, petitioner has offered no evidence with respect to the expenses disallowed by respondent. Petitioner, however, claims that between $80,000 and $99,000 was embezzled from his accounts. According to petitioner, employees of the billing service and the bank conspired to embezzle the funds. Petitioner asserts that the billing service employee improperly deposited funds collected from his patients to his refund account rather than the main account. The funds were then transferred by a bank employee to petitioner's Columbia Daily Income investment account, and later a check for $99,000 from the investment account was made payable to Clackamas Gold & Silver. Petitioner also asserts that Clackamas Gold & Silver has no record of the transaction. Ms. Stanbery testified at the trial in this case. No one asked her about these transactions. Petitioner did not call any witnesses from the billing service, the bank, or Clackamas Gold & Silver to testify at the trial in this case. Section 165 allows a deduction for a theft loss sustained during the taxable year and not compensated for by insurance or otherwise. Sec. 165(a), (c)(3). Section 165(e) provides that the deduction for such a loss is treated as sustained in the taxable year in which the taxpayer discovers the loss. Thus, a loss arising from theft is not deductible in the taxable year in which the theft actually occurs unless that is also the year inPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011