- 14 - the separate property of Ms. Smith on behalf of the corporation or the corporation ratified the designation.11 See Safety Intl., Inc. v. Dyer, 775 F.2d 660, 662 (5th Cir. 1985). Consequently, we conclude that petitioners have failed to show that Ms. Smith did not receive the corporation’s effective consent with respect to the diamond ring and have failed to prove that a theft of the ring occurred. Accordingly, we hold that petitioners are not entitled to deduct a loss in 2000 with respect to the alleged theft of the diamond ring. Alleged Failure of Ms. Smith to Assume Obligation for Liens on the Southampton Property Respondent contends that petitioners are not entitled to deduct a loss related to the alleged failure of Ms. Smith to assume the obligation for liens on the Southampton property because no related liability existed between petitioner and Ms. Smith. Petitioners contend that Ms. Smith’s failure to assume the obligation for liens on the Southampton property constituted a theft and/or a bad debt and that petitioners are entitled to a deduction.12 11The parties stipulated that petitioner was the sole shareholder of the corporation. 12Petitioners do not specify whether the claimed deduction constitutes a sec. 165 theft loss deduction or a sec. 166 bad debt deduction.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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