- 9 - of a release." There is no objective evidence that petitioner abandoned the claim with BMI during 1996. The record does not support a finding that petitioners sustained an abandonment loss during 1996. The Court sustains respondent on this issue. With respect to petitioners' claim that the loss was a theft loss, section 165(e) provides that any loss arising from theft is treated as sustained during the taxable year in which the taxpayer discovers the loss. See sec. 1.165-8(a)(2), Income Tax Regs. Section 1.165-1(d)(3), Income Tax Regs., provides generally that, if, in the year of discovery of the theft, there is a reasonable prospect for recovery, the theft loss related thereto is not considered sustained "until the taxable year in which it can be ascertained with reasonable certainty whether or not such reimbursement will be received." On this record, the Court is satisfied that petitioners were reasonably certain, prior to 1996, that they would not be reimbursed by BMI. The record does not support petitioners' claim that they sustained a theft during 1996. The record, moreover, does not satisfy the Court that a theft occurred. However, if a theft did occur, the Court is satisfied it did not occur during 1996. Respondent, therefore, is sustained on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011