Ilija and Branka Mitic - Page 20




                                               - 20 -                                                  
            tioners who decided to report as “Insurance or other reimburse-                            
            ment” in part I of section B of Form 4684 an estimate of $27,000,                          
            and not the settlement amount of $40,086 plus taxes and appropri-                          
            ate fees that State Farm offered to petitioners at the end of                              
            1994 in settlement of the automobile damage claim.                                         
                  As for the instructions for Form 4684, we take judicial                              
            notice of those instructions which are not part of the record in                           
            this case.  Those instructions explicitly state that if the                                
            taxpayer is not sure whether part of the claimed casualty loss                             
            will be reimbursed, the taxpayer may not deduct that part until                            
            the tax year when it is reasonably certain that it will not be                             
            reimbursed.  The instructions for Form 4684 thus are totally                               
            consistent with section 1.165-1(d)(2)(i), Income Tax Regs.  In                             
            addition, those instructions explicitly state that, in reporting                           
            in part I of section B of Form 4684 the “Cost or adjusted basis”                           
            of property used in a trade or business or for income-producing                            
            purposes, it is necessary to deduct depreciation allowed or                                
            allowable.                                                                                 
                  We conclude that Mr. Mitic’s contention that petitioners’                            
            position in the 1994 joint return with respect to their claimed                            
            casualty loss deduction was required by Form 4684 and the in-                              
            structions for that form is without merit.                                                 
                  We shall now determine on the basis of the instant record                            
            and the applicable law whether petitioners are entitled to the                             






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