- 9 - 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 lossPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011