- 13 - Issues 1 and 2. Theft Loss Deductions; Deductions for Payments of Corporate Employment Taxes and Interest Thereon Petitioners bear the burden of proving their entitlement to deductions for theft losses and for payment of the corporate employment taxes and interest thereon. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).4 That this is a fully stipulated case does not alter the burden of proof, or the requirements otherwise applicable with respect to adducing proof, or the effect of failure of proof. Rule 122(b). Petitioners have claimed their theft loss deduction under section 165(a) and their entitlement to deductions for paying the corporate employment taxes and interest thereon under section 162(a). Section 165(a) allows a deduction for “any loss sustained during the taxable year and not compensated for by insurance or otherwise.” Under section 165(a), a theft loss deduction is allowable for the year “in which the taxpayer discovers such loss.” Sec. 165(e). If in the year of discovery the taxpayer has a claim for reimbursement on which there is a reasonable 4Sec. 7491(a) places the burden of proof on the Commissioner in certain circumstances in court proceedings arising from IRS examinations beginning after July 22, 1998. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727. By the same token, sec. 7491(c) places the burden of production on the Commissioner with respect to additions to tax. Sec. 7491(a) and (c) does not apply in this case because the examination of petitioners’ 1993, 1994, and 1995 tax years began on Jan. 8, 1996.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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