- 11 - Bank immediately demanded full payment of the loan balance. In response, AHERF issued a check for $1,516,170.97 from petitioner’s KEYSOP account to repay the balance of the loan (in addition to using funds from the cashed-out insurance policies). AHERF’s check required signatures by both petitioner and PNC Bank in order to be cashed. Although it was perhaps not as petitioner would have liked, AHERF did issue payment from his KEYSOP account to discharge petitioner’s debt, conferring a benefit on petitioner. Thus, AHERF did not make a conversion of petitioner’s funds, a requirement to claim a theft loss deduction. See Sperzel v. Commissioner, 52 T.C. 320, 328 (1969) (“But the word ‘theft’ extends only to the ‘criminal appropriation of another's property to the use of the taker.’” quoting Edwards v. Bromburg, 232 F.2d 107, 110 (5th Cir. 1956)). AHERF also structured employee KEYSOP accounts so that it had the right to reclaim any funds in the accounts in event of bankruptcy or insolvency. AHERF filed a petition for bankruptcy under chapter 11 and reclaimed petitioner’s remaining KEYSOP funds 1 month after petitioner’s termination. Petitioner acknowledged and stipulated he knew of AHERF’s rights to reclaim the funds and may not therefore claim a theft loss on those funds. We hold that petitioner has failed to prove theft ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011