Robert Carmelo Torre - Page 10




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          upon the law of the jurisdiction wherein the particular loss                
          occurred.”  Monteleone v. Commissioner, 34 T.C. 688, 692 (1960).            
               Petitioner essentially conceded that he is not entitled to a           
          theft loss.  At trial, petitioner described the nature of the               
          loss, saying:  “I don’t know how you would classify it, but it’s            
          not really a theft.  It’s a loss of the money I had invested in             
          the house in that town, because the police forced me to leave the           
          town.  So it’s deprivation of rights, and loss.”                            
               Regardless of the conflicts petitioner may have had with his           
          neighbors and the police in Coos Bay, his house was not the                 
          subject of a theft.  On the contrary, in 1998 he sold the house             
          for $39,500, little less than the price for which he purchased              
          it.  Accordingly, we hold that petitioner is not entitled to a              
          theft loss deduction for 1997.                                              
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          

















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