- 8 - Implicit in this element is a relationship of privity between the perpetrator and the victim. Crowell v. Commissioner, T.C. Memo. 1986-314. In prior cases involving California Penal Code section 484, we established that a taxpayer who purchases corporate stock on the open market cannot support a claim of theft under California law because there is no privity between the alleged corporate defrauder and the taxpayer. Marr v. Commissioner, T.C. Memo. 1995-250; Crowell v. Commissioner, supra; DeFusco v. Commissioner, T.C. Memo. 1979-230. In the present case, petitioner purchased all of his shares of Ampex stock on the open market. Accordingly, there is no privity between petitioner and Ampex’s corporate officers for purposes of section 484 of the California Penal Code. Thus, even assuming that petitioner can support his allegation that Ampex is guilty of criminal wrongdoing, petitioner is not entitled to a theft loss deduction under California law.4 Petitioner, while admitting that he was not a victim of theft under California Penal Code section 484, argues that he is entitled to a theft loss deduction based upon a cause of action against Ampex for fraud or negligent misrepresentation under California law. Petitioner cites Small v. Fritz Cos., 65 P.3d 1255, 1257 (Cal. 2003), in which the California Supreme Court held that a shareholder has the right to sue a corporation for 4 We make no finding as to whether Ampex committed any wrongdoing in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011