- 13 - section 165, the term “theft” includes but is not limited to larceny, embezzlement, and robbery. Sec. 1.165-8(d), Income Tax Regs. The law of the jurisdiction where the alleged loss is sustained governs the determination of whether a theft or embezzlement occurred. Citron v. Commissioner, 97 T.C. 200, 207 (1991). Tex. Penal Code Ann. sec. 31.03 (Vernon Supp. 2005), defines theft as follows: Section 31.03. Theft. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner’s effective consent; * * *. Petitioners bear the burden of proving that a theft has occurred and that the requirements of section 165 have been met. See Mendes v. Commissioner, 121 T.C. 308, 314-315 (2003). Petitioners have failed to show that Ms. Smith unlawfully appropriated the diamond ring. Although the corporation was not a party to the divorce agreement, petitioner, the sole shareholder of the corporation, was a party to the divorce agreement. The facts and circumstances demonstrate that either petitioner consented to the designation of the diamond ring as 10(...continued) arise from fire, storm, shipwreck, or other casualty, or from theft.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011