- 64 - 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 byPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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