Cathy M. and Randy L. Crosson - Page 7

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               entertainment, amusement, * * * (C) the business                       
               purpose of the expense or other item, and (D) the                      
               business relationship to the taxpayer of persons                       
               entertained * * *                                                      
          As with the other business expenses, petitioners did not submit             
          or offer any substantiation.  Accordingly, petitioners are not              
          entitled to the section 162 deductions claimed on the Schedule C.           
               On their Schedule C, petitioners also claimed a $58,067                
          section 166 bad debt loss, which allegedly includes the theft of            
          business equipment and unpaid amounts owed to petitioner for his            
          services.                                                                   
               The record does not reflect, with any specificity, the                 
          portion of the $58,067 attributable to the theft or unpaid                  
          obligations for services.  Any theft loss would be covered under            
          section 165, whereas any business bad debt would be covered under           
          section 166.                                                                
               On their bankruptcy petition, petitioners listed the loss              
          from the equipment theft as an amount in excess of $25,000.  The            
          record (in particular the police reports) reflects that the                 
          claimed equipment thefts occurred almost 10 years before the                
          taxable year under consideration (1999).  In that regard, theft             
          losses are allowable in the year sustained and are treated as               
          sustained in the year the taxpayer discovers the loss.  Sec.                
          165(c)(3), (e); sec. 1.165-8(a)(1) and (2), Income Tax Regs.                
          Accordingly, petitioners would not be entitled to claim the                 







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