Steven Bruce Huntley - Page 8

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          8(c), Income Tax Regs.  The amount of the loss deduction is                 
          limited to the extent the loss exceeds $100 and the net casualty            
          loss exceeds 10 percent of the taxpayer’s adjusted gross income.            
          See sec. 165(h).                                                            
               In calculating petitioner’s tax liability for 2000,                    
          respondent did not allow petitioner a loss deduction for personal           
          effects he claimed that he was prohibited from retrieving.                  
          Respondent argues that petitioner is not entitled to a theft loss           
          deduction under section 165(a) because he did not substantiate              
          either his basis in the property or that the property was                   
          involuntarily converted.                                                    
               Petitioner testified that the items at issue included a used           
          laptop computer, some antique fountain pens, and a framed                   
          photograph of his wife.  Petitioner further testified that to               
          compensate him for the loss of these items, Howard Systems, Inc.            
          drew up a “consultant invoice” for 16.5 hours of work at the rate           
          of $80/hour.  Howard Systems, Inc. then issued a check to                   
          petitioner for $1,320.  Petitioner argues that he is entitled to            
          deduct this amount because it was actually a theft reimbursement.           
               First, petitioner provided no credible evidence that he was            
          barred from the Wyeth-Pharmaceutical premises, nor did he                   
          substantiate his basis in the property allegedly taken from him             
          as a result of his termination.  Petitioner did not provide any             







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