Paul Arthur Zipp - Page 16

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               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 in             





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