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BARRY v. COMMISSIONER

Docket No. 14053-89.

62 T.C.M. 427 (1991)

T.C. Memo. 1991-382

Mitchell Barry and Betty Lou Barry v. Commissioner.

United States Tax Court.

Filed August 12, 1991.

Attorney(s) appearing for the Case

John N. Moore, 33140 Aurora Rd., Solon, Ohio, for the petitioners. Carol A. Szczepanik, for the respondent.

Memorandum Findings of Fact and Opinion

BUCKLEY, Special Trial Judge:

This case was assigned pursuant to the provisions of section 7443A(b)(3).1

By notice dated December 31, 1984, respondent determined a deficiency in petitioners' 1984 Federal income tax in the amount of $5,754. After a concession by petitioners,2 the sole issue to be decided is whether petitioners are entitled to a theft...

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