Robert C. Davis, Jr. - Page 16

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          (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 the              






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