Diane S. Blodgett - Page 13

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          duty by the bankruptcy trustee and Internal Revenue Service                 
          officials.  In particular, she disputed the bankruptcy court’s              
          treatment of various assets as belonging to the business when               
          those assets were not returned to the settlement estate.  Again,            
          no evidence was presented to show what, if any, actions were                
          taken by her in the bankruptcy court to rectify these claims.               
               Section 165(a) allows as a deduction any loss sustained by a           
          taxpayer during the taxable year that is not compensated for by             
          insurance or otherwise.  In order to sustain a theft loss                   
          deduction, a taxpayer has the burden of proving a loss discovered           
          in the taxable year was incurred as a result of a casualty or               
          theft and the amount of such loss.  Axelrod v. Commissioner, 56             
          T.C. 248, 256 (1971).  The taxpayer must also prove ownership of            
          the stolen property.  Draper v. Commissioner, 15 T.C. 135, 135              
          (1950); Jensen v. Commissioner, T.C. Memo. 1979-379; Silverman v.           
          Commissioner, T.C. Memo. 1975-255; Whiteman v. Commissioner, T.C.           
          Memo. 1973-124.                                                             
               For several reasons, petitioner is not entitled to a theft             
          loss deduction.  First, the record does not establish to the                
          Court’s satisfaction the existence of a pension plan or the                 
          amount of any contributions made to the plan.  There can be no              
          theft of an asset whose existence is not firmly established, with           
          an ascertainable value, as belonging to the taxpayer.  See sec.             
          1.165-8(d), Income Tax Regs. (“the term ‘theft’ shall be deemed             





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