Searcy M. Ferguson, Jr., and Elizabeth L. Ferguson - Page 14

                                       - 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

Last modified: May 25, 2011