Donald John Vitale - Page 3




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          $3,250; and 1976 for $4,000.  Larger versions have also been                
          sold:  32-inch in 1980 for $47,000, and 44-inch in 1975 for                 
          $42,500.                                                                    
               On his 1994 Federal income tax return petitioner claimed a             
          casualty loss in the amount of $25,000 based on the theft of the            
          bronze.  The value is based on a letter petitioner received from            
          Rudolf G. Wunderlich of Chicago who operates a gallery that                 
          specializes in Fraser's works.  The letter reads, in part, as               
          follows:                                                                    
               Fraser's bronzes were much copied as he had forgotten to put           
               the copyright on one, so they were more or less in public              
               domain from the time when they were first cast in 1918.                
               There were knock-offs even in the early days of these and it           
               is difficult to tell, in fact it is impossible to tell from            
               your photograph, what this actually was.  An eighteen inch             
               Fraser of this type, if it is an original, probably has a              
               value of around $25,000 or so.  If it is one of the later              
               ones, produced by The Syracuse University, then the value              
               would be about half that.                                              
               I cannot tell from this whether it is an original cast or              
               not * * *.                                                             
          Petitioner never had the bronze appraised and does not know                 
          whether the bronze was included in his grandfather's estate tax             
          return.  There is no evidence that any appraisal of the bronze              
          was made in 1972.                                                           
               Respondent disallowed the deduction in its entirety.                   











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