- 8 - computer system and possibly other personal property. Respondent disallowed these claimed losses for lack of substantiation.6 At trial, petitioner husband produced photographs showing personal computer equipment and other items of personal property piled into the back of a pickup truck and lying along a roadside. Petitioner husband contends that “the government came in with no legal basis and just took everything and put it out on the side of the road” because he had refused to turn over research that the Government wanted. Petitioner husband’s contention, as best we understand it, is that his personal computer was worth $1.5 million because of the value of technology that he had created and installed on the computer. Petitioners have failed to prove that a theft occurred. Moreover, petitioners have neither established the fair market value of the property alleged to have been stolen nor provided sufficient evidence to allow the Court to estimate any of the property’s value.7 See sec. 1.165-8(c), Income Tax Regs. 6 In the notice of deficiency, in showing his income tax examination changes, respondent listed the disallowance of these losses under “Adjustments to Income” as “Other Income”. The accompanying explanation noted that these adjustments were in disallowance of petitioners’ claimed losses of these amounts. In their petition, petitioners attempt to recharacterize respondent’s disallowance of these claimed losses as erroneous determinations of unreported income and assign error on that basis. Petitioners’ contentions are without merit. 7 Petitioners allege that a third party was prepared to pay $1.5 million for this equipment, presumably before its alleged (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008