-2- John F. Lyle III, Gwen D. Skinner, and Mark M. Gibson, for petitioner. Horace Crump, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION LARO, Judge: Respondent determined deficiencies of $257,442, and $406,438 in petitioner’s 1997 and 1998 Federal income taxes. We decide whether petitioner may deduct for 1997 any portion of a theft loss that he had previously deducted for 1993 as a capital loss. We hold he may not.1 Unless otherwise noted, section references are to the applicable versions of the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure. Amounts are rounded to the dollar. FINDINGS OF FACT A. Background Some facts were stipulated. The stipulated facts and the exhibits submitted therewith are incorporated herein by this reference. We find the stipulated facts accordingly. Petitioner resided in Albertville, Alabama, when he petitioned the Court. He filed a 1997 Federal income tax return on which he claimed a 1 On the basis of our holding, we also hold as a computational matter that petitioner does not have a net operating loss in 1997 that he may carry over to 1998.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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