- 10 - property. People v. Ashley, 267 P.2d 271, 279 (Cal. 1954); People v. Fujita, 117 Cal. Rptr. 757, 764 (Ct. App. 1974); People v. Conlon, 24 Cal. Rptr. 219, 222 (Dist. Ct. App. 1962). A theft loss requires a criminal appropriation of another’s property. Edwards v. Bomberg, supra at 110; Bellis v. Commissioner, 61 T.C. 354, 357 (1973), affd. 540 F.2d 448 (9th Cir. 1976); Harcinske v. Commissioner, T.C. Memo. 1984-132. The record in this case is sparse as to the circumstances in which petitioner wired Graves $60,000. The record does reveal that petitioner was given a note; thus it appears that petitioner initially believed that the transaction was designed as a loan. We have no information as to what Grave’s intentions were with respect to the funds. There is nothing in this record indicating that any civil or criminal action was taken against Graves upon his failure to either invest or return the funds. Whether a theft occurred, it is unclear whether the theft occurred at the time the funds were wired to Graves, or at some later time. More importantly, if there was a theft, the record is unclear as to when petitioner discovered the theft and whether she pursued a claim for reimbursement. As indicated, for purposes of section 165(a), a loss arising from theft is treated as sustained during the taxable year in which the taxpayer discovers such loss. Sec. 165(e); sec. 1.165- 8, Income Tax Regs.; see Lolli v. Commissioner, T.C. Memo. 1996-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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