Albert Dudley Thrower - Page 5

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               In his petition, petitioner did not raise the issue of                 
          losses allegedly resulting from the forfeiture of his rental                
          properties.  He did not seek to amend his petition to raise this            
          issue, nor did he otherwise give proper notice before trial that            
          he intended to raise it.  Accordingly, the issue is not before              
          the Court, and we will not consider it.  See Frentz v.                      
          Commissioner, 44 T.C. 485, 490-491 (1965), affd. per order 375              
          F.2d 662 (6th Cir. 1967).                                                   
               Even if the issue were properly before us, however,                    
          petitioner would not be entitled to the claimed losses.                     
          Petitioner failed to introduce any credible evidence to establish           
          the amounts of the alleged losses or the year in which they might           
          have been realized.  Indeed, because the forfeitures occurred               
          after petitioner’s guilty plea in February 1989, they would not             
          have given rise to any loss in 1988.  See sec. 461(a); sec.                 
          1.446-1(c)(1), Income Tax Regs.  In any event, losses resulting             
          from drug traffickers’ asset forfeitures are disallowed as                  
          contravening clearly defined public policy.5  See, e.g., Holt v.            

               5 On brief, petitioner suggests that the above-cited                   
          principle of public policy is nongermane here because his claimed           
          losses did not result from a forfeiture related to drug                     
          trafficking but rather from a “breach of contract” as a result of           
          a “reneged plea agreement.”  Contrary to petitioner’s                       
          contentions, the Ohio Court of Appeals has repeatedly and                   
          consistently characterized the disposition of petitioner’s 141              
          rental properties as a forfeiture related to his drug trafficking           
          charges.  See, e.g., State v. Thrower, No. 20615 (Ohio Ct. App.             
          Mar. 13, 2002); Thrower v. Anderson, No. 98AP-1152 (Ohio Ct. App.           
                                                              (continued...)          





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