- 6 - Cabber or Mr. Green whether Mr. Cabber was an architect. Regarding Mr. Green’s representations as to the “fine quality” of his houses, respondent asserts that even petitioners have conceded such a term is subjective and that Mr. Green believes that he provided the highest quality work. When petitioners discovered defects in their house, respondent observes that, until Mr. Green moved to Las Vegas in 1998, and even after the 1- year warranty period had expired, he sent repairmen to fix those defects. Respondent’s ultimate contention is that this is a contractual dispute, not a criminal matter. In that regard, respondent notes that this dispute was the subject of a civil suit, that the civil suit settled with no admission of fault, and that no criminal complaint was ever filed in this matter. Finally, respondent addresses this Court’s decisions dealing with similar situations and asserts that this case is like those in which this Court has disallowed theft loss deductions. II. Theft Loss Deductions are a matter of legislative grace, and the taxpayer must maintain adequate records to substantiate the amounts of any deductions or credits claimed. Sec. 6001; INDOPCO Inc. v. Commissioner, 503 U.S. 79, 84 (1992); sec. 1.6001-1(a), Income Tax Regs. As a general rule, the Commissioner’s determination of a taxpayer’s liability in the notice of deficiency is presumed correct, and the taxpayer bears the burdenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008