Robert C. Davis, Jr. - Page 15

                                        -15-                                          
          ery of the alleged custom house theft loss, the amount of the               
          alleged custom house theft loss, and the absence at the end of              
          2000 of a reasonable prospect of recovery of the alleged custom             
          house theft loss to be questionable, inconsistent with certain              
          other evidence, conclusory, vague, and/or general.  We shall not            
          rely on such testimony to establish the facts with respect to               
          such matters.  On the record before us, we find that petitioner             
          did not introduce credible evidence with respect to the factual             
          issues presented under section 165.  Having found that petitioner           
          did not introduce credible evidence with respect to such factual            
          issues, we need not resolve the dispute between the parties over            
          whether petitioner has complied with the applicable requirements            
          of section 7491(a)(2).  On the record before us, we find that the           
          burden of proof does not shift to respondent under section                  
          7491(a)(1) with respect to any factual issues presented under               
          section 165.                                                                
               We turn next to whether petitioner is entitled to deduct               
          under section 165 for taxable year 2000 the alleged custom house            
          theft loss.  Section 165(a) allows a deduction for any loss                 
          sustained during a taxable year and not compensated for by                  
          insurance or otherwise.  Section 165(c)(3) limits the deduction             
          allowed by section 165(a) in the case of an individual to a loss            
          that arises from, inter alia, theft.  The amount of a loss that a           
          taxpayer is entitled to deduct under section 165 is the lesser of           






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