James P. Shea and Patricia H. Shea - Page 18




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               Petitioners have failed to prove that they were engaged in a           
          trade or business involving “international transportation” as               
          alleged on Schedules C of their Federal income tax returns for              
          1992.  Petitioners have conceded that they were not in the trade            
          or business of making loans.  Consequently, they are not entitled           
          to deduct the losses claimed on their respective Schedules C for            
          1992.                                                                       
          Did Petitioners Incur Theft Losses Under Section 165(c)(2) or               
          (3)?                                                                        
               Subject to certain limitations, any loss sustained during              
          the taxable year and not compensated for by insurance or                    
          otherwise is deductible.  See sec. 165(a).  In the case of                  
          individuals, the losses deductible under section 165(a) are                 
          limited to (1) losses incurred in a trade or business, see sec.             
          165(c)(1), (2) losses incurred in any transaction entered into              
          for profit, see sec. 165(c)(2), and (3) with respect to property            
          not connected with a trade or business or a transaction entered             
          into for profit, a casualty or theft loss, see sec. 165(c)(3).              
               As an alternate position, petitioners argue that if they are           
          not allowed to deduct the losses claimed on their respective                
          Schedules C attached to their 1992 returns because the losses               
          were not incurred in a trade or business, they should be allowed            
          to claim them as theft losses under section 165(c)(2) or (3).               








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