Trinity Meadows Raceway, Inc., Jack M. Lenavitt, A Person Other Than The Tax Matters Person - Page 10

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                    separately, and not together as an integral                       
                    part of the realty, and separate losses shall                     
                    be determined for such building and trees.                        
               From the text of section 165 and the regulations thereunder,           
          we discern that Trinity may deduct a casualty loss for the                  
          taxable year in which it suffers a "casualty" resulting in a loss           
          from the damage or destruction of property.  We also discern that           
          the amount of the loss equals the diminution in value2 of each              
          single, identifiable piece of property, as measured before and              
          after the casualty, and that this loss is deductible to the                 
          extent that it is not greater than the property's adjusted basis.           
          To the extent that this loss is greater than the property's                 
          adjusted basis, the deductible loss is limited to the property's            
          adjusted basis.  See also Helvering v. Owens, 305 U.S. 468                  
          (1939); Carloate Indus., Inc. v. United States, 354 F.2d 814, 817           
          (5th Cir. 1966); Lamphere v. Commissioner, 70 T.C. 391, 395                 
          (1978); Millsap v. Commissioner, 46 T.C. 751, 759 (1966), affd.             
          387 F.2d 420 (8th Cir. 1968).                                               
              Respondent, citing Lamphere v. Commissioner, supra at 395,             
          observes that damage caused by a flood may be a casualty under              
          section 165, and we find under the facts herein that the subject            

          2 We use the term "value" throughout this opinion as a                      
          shorthand for the term "fair market value".  For a discussion of            
          the rules used to determine "fair market value" for Federal                 
          income tax purposes, see Estate of Scanlan v. Commissioner, T.C.            
          Memo. 1996-331, affd. without published opinion 116 F.3d 1476               
          (5th Cir. 1997), and Estate of Proios v. Commissioner, T.C. Memo.           
          1994-442.                                                                   




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