- 12 - divorce agreement,9 and, consequently, that the divorce agreement’s designation of the diamond ring as the separate property of Ms. Smith was ineffective. Because Ms. Smith refused to return the diamond ring to the corporation upon demand, petitioners contend that Ms. Smith embezzled the diamond ring and that petitioners are entitled to a related section 165 theft loss deduction in 2000. Section 165 generally provides for the deduction of certain casualty losses, including losses from theft.10 For purposes of 9Petitioners rely on an alleged prior State court decision. Although petitioners have provided this Court with no evidence as to the alleged State court decision, we understand petitioners’ position to be that the court rejected a claim by the corporation that Ms. Smith breached the divorce agreement with respect to certain oil and gas properties on grounds that the corporation was not a party to the divorce agreement. Petitioners contend that the State court decision that the corporation was not a party to the divorce agreement terminated Ms. Smith’s right of possession with respect to the ring. 10SEC. 165. LOSSES. (a) General Rule.--There shall be allowed as a deduction any loss sustained during the taxable year and not compensated for by insurance or otherwise. * * * * * * * (c) Limitation on Losses of Individuals.--In the case of an individual, the deduction under subsection (a) shall be limited to-- * * * * * * * (3) except as provided in subsection (h), losses of property not connected with a trade or business or a transaction entered into for profit, if such losses (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011