Ronald C. Singerman - Page 8

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               Generally, a taxpayer is not entitled to a loss deduction              
          solely on the account of a decline in the value of stock unless             
          the stock is worthless and has no recognizable value or until the           
          stock is sold.  Sec. 165(g); sec. 1.165-4(a), Income Tax Regs.              
          Section 165(e), however, provides that any loss arising from                
          theft will be treated under section 165(a) as sustained during              
          the taxable year in which the taxpayer discovers the loss.                  
               Whether a loss constitutes a theft loss is determined by               
          examining the law of the State where the alleged theft occurred.            
          Bellis v. Commissioner, 540 F.2d 448, 449 (9th Cir. 1976), affg.            
          61 T.C. 354 (1973); Edwards v. Bromberg, 232 F.2d 107, 111 (5th             
          Cir. 1956); Viehweg v. Commissioner, 90 T.C. 1248, 1253 (1988).             
          Section 484(a) of the California Penal Code (West Supp. 2004)               
          defines theft as follows:                                                   
               Every person who shall feloniously steal, take, carry,                 
               lead, or drive away the personal property of another,                  
               or who shall fraudulently appropriate property which                   
               has been entrusted to him or her, or who shall                         
               knowingly and designedly, by any false or fraudulent                   
               representation or pretense, defraud any other person of                
               money, labor or real or personal property * * * is                     
               guilty of theft. * * *                                                 
          To support a finding of theft by false pretense in California,              
          section 484(a) of the California Penal Code requires intent on              
          the part of the defrauder to obtain for himself the victim’s                
          property.  People v. Ashley, 267 P.2d 271, 279 (Cal. 1954);                 
          People v. Fujita, 117 Cal. Rptr. 757, 764 (Ct. App. 1974); People           
          v. Conlon, 24 Cal. Rptr. 219, 222 (Dist. Ct. App. 1962).                    





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