- 5 - There is no authority for treating a nonviable fetus as “property” for purposes of section 165(c)(3)--a proposition in support of which petitioner has advanced no argument. Petitioner’s claim is frivolous for two additional reasons. First, a casualty loss deduction may be taken only for the taxable year in which the loss was sustained, and a theft loss deduction may be taken only for the taxable year in which the taxpayer discovers the theft. See sec. 1.165-7(a)(1), Income Tax Regs.; sec. 165(e). As petitioner’s former wife terminated her pregnancy in the mid-1970's, and as petitioner has presented no evidence suggesting that he did not discover his wife’s actions until nearly 20 years later, petitioner’s deductions for the years 1992 through 1995 are untimely. Second, petitioner has not sought to prove or otherwise justify the amounts deducted, which roughly correspond with his gross income for each of the years in issue. As petitioner bears the burden of proof with respect to these amounts, petitioner’s claim must fail. See Rule 142(a). Accordingly, we sustain respondent’s disallowance of the casualty/theft losses claimed by petitioner. 2. Liability for Additions to Tax Under Section 6651(a)(1) Additions to tax under section 6651(a)(1) apply in the case of failure to file timely tax returns, unless the failure is due to reasonable cause. An addition equals 5 percent of the amount required to be shown as tax on the return for each month orPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011