River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 79

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               As in Nichols, at issue in Cummin were theft loss deductions            
          of individual investors, not of partnerships.  Exclusively                   
          analyzing a theft loss on the individual investor level, Cummin              
          never addresses the issue of a partnership level theft loss                  
          deduction.  We agree with respondent and find that Cummin simply             
          is not authority for petitioners’ proposition that “the                      
          partnerships are entitled to a business theft loss.”                         
               In their reply brief, petitioners claim that they cited                 
          Cummin for the proposition that “the Tax Court has contemplated              
          there will be circumstances where a partner’s out-of-pocket loss             
          in a tax shelter is deductible as a theft loss.”  This later                 
          proposition adds nothing to petitioners’ arguments and is not                
          authority to allow a partnership level deduction where the                   
          individual partners are swindled.                                            
               Finally, petitioners argue that both Girgis v. Commissioner,            
          T.C. Memo. 1987-556, and Harrell v. Commissioner, T.C. Memo.                 
          1978-211, stand for the proposition that a partnership level loss            
          is incurred when money invested by a partner in a partnership is             
          taken by another partner.  While both of these cases deal with               
          claims to partnership level losses, neither case stands for the              
          proposition set forth by petitioners.  Further, the facts in both            
          of these cases are distinguishable from the facts in the instant             
          case because:  (1) The theft by the partner in Girgis was an                 
          embezzlement of partnership receipts and not of money invested by            






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