Olken v. Commissioner

1981 T.C. Memo. 176, 41 T.C.M. 1255, 1981 Tax Ct. Memo LEXIS 568
United States Tax Court·Decided April 13, 1981·No. Docket No. 1479-80·Unpublished·Cited by 1 cases

Opinion

JACK R. OLKEN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Olken v. Commissioner
Docket No. 1479-80
United States Tax Court
T.C. Memo 1981-176; 1981 Tax Ct. Memo LEXIS 568; 41 T.C.M. (CCH) 1255; T.C.M. (RIA) 81176;
April 13, 1981.
Jack R. Olken, pro se.
Anita N. Gottlieb, for the respondent.

PARKER

MEMORANDUM FINDINGS OF FACT AND OPINION

PARKER, Judge: Respondent determined a deficiency in petitioner's Federal income tax in the amount of $ 8,858 for the taxable year 1976 and additions to the tax under section 6653(a)1 in the amount of $ 442.90. Concessions having been made, 2 the issues remaining are (1) whether petitioner is entitled to a charitable contributions deduction under section 170 in excess of the amount*569 allowed by respondent, (2) whether petitioner is entitled to a theft loss deduction under section 165(c)(3), and (3) whether petitioner has established that any underpayment of tax was not due to his negligence or intentional disregard of rules and regulations under section 6653(a).

FINDINGS OF FACT

Petitioner resided in Waukegan, Illinois, at the time he filed his petition in this case. He had timely filed his individual Federal income tax return for the year 1976.

Petitioner was an optometrist who, during the year 1976, was employed at different times by various employers. Petitioner entertained some thought of going into business for himself someday, and in the years 1974 through early 1976 he had acquired and accumulated various optical frames, temples, contact lenses, and optical*570 cases that he thought he might use in that business. He purchased most of those items from various "gypsy peddlers" from the New York City area. Those peddlers bought truck loads of these items from factories on the east coast and then sold them throughout the mid west. Petitioner made most of his purchases in cash. Petitioner has no receipts or other records of quantities or styles of the items he purchased or the dollar amounts he paid for any of them. About 60 percent of the frames were a single style metal frame for women. The other 40 percent of the frames were plastic frames, in various styles and colors for both men and women.

In early March of 1976, petitioner, who was in the process of moving to a new personal residence, had various optical items and other items of personal property stored in the trunk of his car. On March 9, 1976, the car was broken into and various items of property were stolen from the trunk. Petitioner reported the following loss of property 3 to the police:

*571 Complete set of Wilson golf clubs and bag

2 men's leisure suits

3 pairs of men's trousers

1 steel belted tire and wheel

4 wheel covers

105 pairs of soft contact lenses

135 optical frames of various sizes and colors.

Petitioner's insurance company reimbursed him for the loss of the tire and wheel, but not for the other items. None of the other stolen items were ever recovered.

On his Federal income tax return for 1976, petitioner deducted a theft loss of $ 5,752 (before the $ 100 statutory deduction), which he computed as follows:

Leisure suits$ 280
Trousers67
Golf clubs350
105 soft contact lenses at
$ 25 each2,625
135 optical frames at $ 18 each2,430

He valued the items of clothing and golf clubs at the retail prices he had paid for the items. The contact lenses were valued by certain adjustments to 1977 catalogue prices. The frames were valued at a single price without regard to the different styles or whether the frames were metal or plastic or for men or women. On audit respondent disallowed the theft loss deduction in its entirety for lack of substantiation.

Sometime after the theft loss occurred and perhaps prompted by*572 that event, petitioner gave up any idea of opening his own business as an optometrist. He then donated the rest of his optical merchandise to the Round Lake Lions Club of Round Lake, Illinois. On November 30, 1976, that Lions Club acknowledged receipt of petitioner's donation of the following items:

763 optical frames (60% metal and 40% plastic)

256 pairs of aluminum temples

500 optical cases.

On his Federal income tax return for 1976, petitioner deducted an amount of $ 12,400 for charitable contributions in the form of property and $ 952 for cash contributions. The contributions in property were the optical items donated to the Lions Club, and were computed on the tax return as follows:

458 metal frames at $ 14.50 each

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Olken v. Commissioner, 1981 T.C. Memo. 176, 41 T.C.M. 1255, 1981 Tax Ct. Memo LEXIS 568 (tax 1981).

1981 T.C. Memo. 176 (Olken v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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