- 10 - 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, PNCPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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