OPINION
SCOTT, Judge:
Respondent determined a deficiency in petitioner's income tax for the calendar year 1959 in the amount of $10,595.53. The issue for decision is whether the amount of $13,631.05 which was the total cost to petitioner of the failure of a contractor to properly complete a swimming pool on petitioner's property or any portion of this amount is deductible by petitioner as a theft loss.
All of the facts have been stipulated...
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