Sherif S. Abdelhak a.k.a. Samuel A. Abel - Page 10

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          must prove a theft occurred.  Elliott v. Commissioner, 40 T.C.              
          304, 311 (1963); Davis v. Commissioner, T.C. Memo. 2005-160                 
          (2005).  Petitioner claims a theft loss of $2,221,668 on his 2000           
          tax return relating to the value of employee benefits.  This                
          value stems from (1) a life insurance policy with Pacific Life,             
          (2) a life insurance policy with Equitable Life, and (3) the                
          funds in petitioner’s KEYSOP account.  Petitioner maintains AHERF           
          unlawfully converted these funds, resulting in a theft.                     
               We find that petitioner has failed to prove a theft of the             
          life insurance policies occurred.  AHERF was entitled to a right            
          of corporate recovery on the policies, allowing it to reclaim the           
          amounts paid in premiums upon the policyholder’s death or                   
          termination.  AHERF reclaimed the insurance policy premiums only            
          after petitioner’s employment was terminated.  Further,                     
          petitioner admits that he assigned to AHERF all his rights under            
          the insurance policies in return for KEYSOP funding.                        
          Essentially, petitioner did not own the policies.  Accordingly,             
          petitioner failed to establish the theft of any value with                  
          respect to the policies.                                                    
               Petitioner likewise may not claim a theft loss deduction for           
          his KEYSOP account.  At the time of his termination in June 1998,           
          petitioner’s account had a balance of $2,062,452.  Petitioner               
          also had an outstanding loan from PNC Bank cosigned by AHERF for            
          approximately $2.2 million.  Upon petitioner’s termination, PNC             






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