关键词：
Breakage
shrinkage
etc. (Commerce)
Counterfeits & counterfeiting
Civil penalties
Restitution
Income tax -- United States
摘要：
"2 Blick convinced his employer, Raymond Mazzei, to invest in the scheme, and the two went together to meet with the con men, bringing large amounts of money in one hundred dollar bills.3 While engaged in the process of copying the bills, two armed men impersonating police held Mazzei and Blick at gunpoint and placed handcuffs on one of the con men.4 Mazzei managed to escape, and the two "policemen" and the con men leftwith the money.5 In the scheme, Mazzei lost twenty thousand dollars and Blick lost five thousand dollars.6 Mazzei and Blick reported the incident to law enforcement.7 Mazzei claimed a theftloss and argued that it was deductible under IRC § 165(c)(2) or (c)(3).8 With five judges dissenting, the United States Tax Court ruled that the loss was nondeductible as against public policy.9 There were three opinions favoring the Internal Revenue Service, all based on the idea that counterfeiting was against public policy or that Mazzei had conspired with Blick in violation of the law.10 The two dissenting opinions argued that allowing a deduction would not encourage counterfeiting, and Mazzei and Blick, despite their evil intent, could not counterfeit money on their own.11 Mazzei v. Commissioner12 is the leading case standing for the proposition that losses under § 165 can be disallowed on public policy grounds.13 Mazzei is part of a line of cases where taxpayers have been denied loss deductions for thefts resulting from schemes to counterfeit money,14 or to buy stolen money.15 A split decision that went the other way, Edwards v. Bromberg16 involved a taxpayer swindled out of money he mistakenly thought would be bet on a fixed race.17 The promoter of the scheme embezzled the taxpayer's money and was later prosecuted for failure to report the income.18 The majority dismissed the public policy argument on the grounds that there was in fact no fixed race and that it would be "Pecksniffian" to deny the taxpayer a deduction when the promoter of the scheme was taxed
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