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Graduate School books, research papers & reports & notes, which
are for my career & business”. At trial, petitioner claimed that
her 1980 belongings included “my ancient collections of ancient
coins and stamps and the picture that I took all over the United
States, thousands. What else? Also my family memories. That’s
most important. Once it’s missing, I couldn’t replace them.”
Unfortunately, memories are delectable, but memories are not
deductible. Loss of sentimental value is not a deductible loss.
Ganas v. Commissioner, T.C. Memo. 1990-143, affd. without
published opinion 943 F.2d 1317 (11th Cir. 1991).
Petitioner did not prove the value of her 1980 belongings.
Petitioner did not prove the theft of these belongings. She did
not have a police report. She claimed she brought a legal action
against her landlord but failed to prove that fact or any result
from any legal action.
Other than bare assertions, petitioner presented no evidence
that she sustained a theft loss in 1980. At trial, petitioner’s
statements regarding the alleged theft were inconsistent.
Petitioner presented no evidence to substantiate her entitlement
to the alleged 1980 theft loss, which she claimed as a deduction
for taxable year 2000.
On this record, we conclude that petitioner is not entitled
to a theft loss deduction. Because we so conclude, we need not
reach the issue of whether petitioner was entitled to a
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Last modified: May 25, 2011