-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 ofPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011