James G. and Elaine A. Wanchek - Page 2




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          determined for petitioners’ 2001 taxable year.  The sole issue              
          before the Court is whether petitioners are entitled to a theft             
          loss deduction for the 2001 taxable year.                                   
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and the stipulated             
          facts and accompanying exhibits are hereby incorporated by                  
          reference into our findings.  Petitioners, husband and wife,                
          resided in Tijeras, New Mexico, when they filed their petition.             
               In September 1994, petitioners and James Green (Mr. Green)             
          entered into a preconstruction agreement for the construction of            
          a new house.  Mr. Green hired Max Cabber (Mr. Cabber) to draw               
          plans and assist in the design of petitioners’ house.  On                   
          February 3, 1995, petitioners contracted with Mr. Green for the             
          construction of a $190,900 house.1  Construction of petitioners’            
          house was completed on August 4, 1995, and petitioners moved in             
          that same day.                                                              
               Sometime thereafter, petitioners began noticing problems               
          with their new house.  Those problems escalated and became a                
          living nightmare, despite various repair efforts by Mr. Green and           
          the subcontractors.  On May 12, 1999, petitioners filed a civil             
          lawsuit in the Second Judicial District Court of Bernalillo                 
          County, New Mexico (State court) against Mr. Green and several              


               1 That contract was later revised as the result of change              
          orders.  The total amount ultimately paid to Mr. Green was                  
          $196,183.                                                                   





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