- 8 - is not necessarily limited to, larceny, embezzlement, and robbery. Sec. 1.165-8(d), Income Tax Regs. The term covers “any criminal appropriation of another’s property to the use of the taker”. Edwards v. Bromberg, 232 F.2d 107, 110 (5th Cir. 1956); see Johnson v. United States, 291 F.2d 908, 909 (8th Cir. 1961) (losses from theft within the meaning of section 165 “consist only of takings and deprivations in which the element of criminal intent has been involved”). On his Form 1040X for 1995, petitioner described the foreclosure of the Merritt Island property as a “judicial theft of real estate”.8 However, at trial, petitioner testified as follows: “It’s a strange kind of loss. It’s not really a theft loss, because there was no criminal intent. It’s a due process theft.” Petitioner’s theory is that Judge Harris lacked jurisdiction to issue the July 22, 1988, foreclosure order because of the pendency of an appeal in respect of a nonfinal order; therefore, in petitioner’s view, the foreclosure of the Merritt Island property pursuant to such order gave rise to a “due process theft”. We question whether there is any such thing as a “due process theft” or, if there is, whether a “due process theft” 8 In his petition, petitioner described the foreclosure of the Merritt Island property similarly, calling it a “judicial theft of property”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011