- 2 - The issues for decision are whether petitioners, under section 165, are entitled to a deduction in 1996 for either an ordinary abandonment loss or a theft loss in the amount of $25,800. On brief, respondent agrees that petitioners sustained an ordinary loss of $25,800 due to abandonment but contends that the loss was not sustained by petitioners during 1996. Petitioners contend they sustained the loss during 1996 either by a theft that they discovered during 1996 or by an abandonment that occurred during 1996.2 Some of the facts were stipulated. Those facts, with the annexed exhibits, are so found and are incorporated herein by reference. At the time the petition was filed, petitioners were legal residents of Las Vegas, Nevada. Sometime in early 1994, Hem Gupta (petitioner) responded to an advertisement in a Las Vegas newspaper soliciting participants in a trade or business activity that involved the sale of telephone debit cards and musical greeting cards. The promoter of the enterprise was a company based in Atlanta, Georgia, known as Business Motivations, Inc./Telebanc (BMI). On or about March 24, 1994, after having been contacted by BMI, petitioner agreed 2 It appears that petitioners' claim to an abandonment loss is not based on respondent's concession but is based on petitioners' contention of an abandonment of their claim for reimbursement or recovery of the moneys paid by petitioner to the promoter of the aborted business activity described more fully in the following pages.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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