- 11 - more than weak circumstantial evidence buttressed by scant allegations. Petitioners’ case is not novel. This Court has addressed similar issues in a number of cases. For the most part, as in this case, the Court has found against taxpayers on the basis that they had not proven that the contractors acted with the requisite intent to constitute a theft crime. See Friedman v. Commissioner, T.C. Memo. 1992-588, affd. without published opinion 48 F.3d 535 (11th Cir. 1995); Schneider v. Commissioner, T.C. Memo 1981-603; Godine v. Commissioner, T.C. Memo. 1977-393; Price v. Commissioner, T.C. Memo. 1971-323. The few cases in which this Court has allowed theft loss deductions involved contractors who took money from taxpayers under false pretenses and then either absconded or ceased construction and used the money for purposes not related to the construction agreement. See Norton v. Commissioner, 40 T.C. 500 (1963), affd. 333 F.2d 1005 (9th Cir. 1964); Miller v. Commissioner, 19 T.C. 1046 (1953); see also Hartley v. Commissioner, T.C. Memo. 1977-317. Mr. Green did not take petitioners’ money and run. To the contrary, although the quality of the construction was not what petitioners had bargained for, Mr. Green completed the job and made some repairs. The circumstantial evidence does not demonstrate that Mr. Green ever intended to defraud petitioners. Nor is our conclusionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008