Edman and Debbie Kay Hackworth - Page 9

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          authority, that respondent has the burden of proving by clear and           
          convincing evidence that the “public policy exception” applies to           
          deny the loss deduction for the cash that petitioner forfeited.             
          Petitioners rely vaguely on the “legislative design under sec.              
          162".  Neither the statutory language of section 165 nor the                
          caselaw interpreting that section supports petitioners’                     
          proposition.  In any event, the issue in this case is essentially           
          legal, and the outcome does not depend on the burden of proof.              
               South Carolina had a sharply defined policy against illegal            
          gambling in 1999 as expressed in its statutes and enforced by the           
          GCSO.  Petitioner acknowledged that the forfeiture was made                 
          pursuant to the laws of South Carolina and pleaded guilty.                  
          (Petitioner’s claim that his consent to the forfeiture was                  
          “revoked” is uncorroborated and unpersuasive.)  To allow                    
          petitioners a deduction for a loss arising out of petitioner’s              
          illegal activities would undermine South Carolina’s policy by               
          permitting a portion of the forfeiture to be borne by the Federal           
          Government, thus taking the “sting” out of the forfeiture.  See             
          Tank Truck Rentals, Inc. v. Commissioner, 356 U.S. 30, 35-36                
          (1958); Wood v. United States, supra at 422; Holt v.                        
          Commissioner, supra at 81; Murillo v. Commissioner, supra; Mack             
          v. Commissioner, supra; Farris v. Commissioner, supra; Hopka v.             
          United States, supra at 482-483.  In accordance with these                  
          controlling precedents, petitioners are not entitled to a loss              






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