- 6 - v. Commissioner, 675 F.2d 1077 (9th Cir. 1982), affg. T.C. Memo. 1979-479. Mr. King hired an attorney and filed a claim against PNC in 1994 for PNC's failure properly to credit his account. Mr. King was prosecuting his claim with reasonable diligence in 1994, and a substantial possibility existed that he would recover his money from PNC. A panel of arbitrators ruled in favor of Mr. King in 1995, several months before he filed an amended tax return for 1994. Mr. King's claim was ultimately upheld by the Common Pleas Court of Philadelphia, Pennsylvania, and he was reimbursed by PNC. Because Mr. King had a reasonable prospect of recovery in 1994, petitioners are not entitled to the loss deduction on their amended joint return for that year. The second deduction at issue involves an alleged $11,744 lottery shortage. Petitioners argue that Mr. King was responsible for paying off two winning lottery tickets with his own money because one of his newsstand employees had lost the winning tickets. Normally, the Pennsylvania Bureau of State Lottery pays for winning lottery tickets by wiring money to the retailer's lottery account. If the retailer pays the winning ticket before the money is wired, then the retailer is reimbursed from the lottery. Petitioners produced two checks drawn on Mr. King's lottery bank account. Mr. King testified that those checks were paid to two lottery winners because a formerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011