- 8 - of partnership income was taxable to him even though his partner had stolen partnership funds, taxpayer had not received any portion of the stolen funds, and taxpayer and his partner disputed the amount of their respective distributive shares of partnership income), on appeal (1st Cir., May 23, 2006); see also Stoumen v. Commissioner, 208 F.2d 903 (3d Cir. 1953), affg. a Memorandum Opinion of this Court; Gold v. Commissioner, T.C. Memo. 1983-711. We therefore hold that petitioner must report his distributive share of PTSI’s income. Issue 3. Whether Petitioner Is Entitled to a Theft Loss Deduction Under Section 165(e) Petitioner argues that any income he earned from PTSI in 2002 was “offset” by moneys owed to him by the partnership. Petitioner believes the preferred return provided for in the agreement entitled him to receive at least $10,000 per year from PTSI.3 Petitioner argues he was not paid those amounts because the corporation embezzled or absconded with partnership funds. We interpret petitioner’s argument as a claim for a theft loss deduction under section 165(e). 3 This figure represents the 10-percent preferred return on petitioner’s initial $100,000 contribution. In his pretrial memorandum, however, petitioner asserts that his preferred return has increased to $20,000 per year. Based on our resolution of the third issue for decision infra, we need not decide whether petitioner’s assertion is correct, and we do not address this issue further.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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