Juanita Carter - Page 17

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          was unsuccessful in collecting any judgment against the airport,            
          and, as a result, she was not compensated for her loss.4                    
               Respondent contends that petitioner's casualty loss is not             
          deductible until such time as there is no reasonable prospect of            
          a recovery of such loss.  Respondent argues that petitioner's               
          loss did not become uncollectible until 1995 because, up until              
          that time, petitioner continued her efforts to collect damages              
          from the airport; thus, the possibility existed that her loss               
          would be compensated for after 1989 up until the disposition of             
          her suit in October 1995.  Additionally, respondent contends that           
          petitioner failed to substantiate either her basis in or the fair           
          market value of the damaged property.                                       
               Section 165(a) allows a taxpayer to deduct any loss                    
          sustained during the taxable year and not compensated for by                
          insurance or otherwise.  In particular, section 165(c)(3) allows            
          a deduction to an individual for loss of property not connected             
          with a trade or business or a transaction entered into for                  
          profit, if such loss arises from fire, storm, shipwreck, or other           
          casualty, or from theft.  Personal casualty or theft losses are             
          deductible only to the extent that the loss exceeds $100 and 10             
          percent of adjusted gross income.  Sec. 165(h)(1) and (2).                  



          4     Respondent does not contend that any portion of the losses            
          was compensated by insurance.                                               




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