Hem C. and Krishna Gupta - Page 3




                                        - 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

Last modified: May 25, 2011