-16- (1) the difference between the fair market value of the property before the loss and the fair market value of the property after the loss, the latter value in the case of loss by theft being zero, or (2) the adjusted basis provided in section 1011 for determining the loss from the sale or other disposition of the property which was the subject of the loss. Sec. 165(b); secs. 1.165-7(b)(1), 1.165-8(c), Income Tax Regs. The basis for determining the amount of the deduction for any loss is the adjusted basis provided in section 1011 for determining the loss from the sale or other disposition of the property which was the subject of the loss. Sec. 165(b). With respect to a claimed theft loss, such loss is sustained during the taxable year in which a taxpayer discovers it. Sec. 165(e). Moreover, as we concluded in Viehweg v. Commissioner, 90 T.C. 1248, 1255-1256 (1988): If in the year of the discovery of the loss there exists a claim for reimbursement with respect to which there is a reasonable prospect of recovery, then there is no closed and completed transaction fixed by identi- fiable events and thus no deductible loss. * * * A reasonable prospect of recovery exists when the taxpayer has a bona fide claim for recoupment and there is a substantial possi- bility that such claim will be decided favorably for the tax- payer. Ramsay Scarlett & Co. v. Commissioner, 61 T.C. 795, 811 (1974), affd. 521 F.2d 786 (4th Cir. 1975). Whether a reasonable prospect of recovery exists is determined as of the end of thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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