Robert C. Davis, Jr. - Page 17

                                        -17-                                          
          taxable year for which the deduction is claimed.  Id.                       
               Petitioner bears the burden of proving that the alleged                
          custom house theft loss occurred and that the requirements of               
          section 165 have been met.  Allen v. Commissioner, 16 T.C. 163,             
          166-167 (1951).  In order to carry his burden, petitioner must              
          establish, inter alia, the existence of a theft within the                  
          meaning of section 165 and the amount of the claimed theft loss.            
          See Elliott v. Commissioner, 40 T.C. 304, 311 (1963).  Whether              
          certain actions constitute theft for purposes of section 165                
          depends on the law defining the crime of theft in the jurisdic-             
          tion where the alleged theft occurred.  Monteleone v. Commis-               
          sioner, 34 T.C. 688, 692 (1960).                                            
               It is petitioner’s position that he is entitled to a deduc-            
          tion under section 165 for taxable year 2000 with respect to the            
          alleged custom house theft loss in an unspecified amount in                 
          excess of the $256,975 deduction that he claimed in petitioner’s            
          Form 1040 for 2000.  In support of that position, petitioner                
          argues that (1) Mona Builders’ actions with respect to the custom           
          house constituted theft under applicable Maryland law;                      
          (2) petitioner discovered the alleged custom house theft loss in            
          October 2000; (3) the amount of the alleged custom house theft              
          loss exceeds by an unspecified amount the $256,975 theft loss               
          that petitioner claimed as a deduction in petitioner’s Form 1040            
          for 2000; and (4) petitioner did not have at the end of 2000 a              






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