Andrew E. Blanche, Jr., and Cynthia D. Blanche - Page 26




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               A loss may be deducted only by the taxpayer who sustained              
          it.  If the taxpayer is not the owner of the property, the                  
          taxpayer generally cannot claim a deduction for a casualty loss             
          relating to that property.  See Wayno v. Commissioner, T.C. Memo.           
          1992-53, affd. without published opinion 12 F.3d 1111 (9th Cir.             
          1993).  This Court has held that petitioners held no legal or               
          equitable title to the Foxbriar property during either of the               
          years at issue.  This includes the swimming pool located on the             
          Foxbriar property.                                                          
               Moreover, the measure of a casualty loss, as provided by               
          section 1.165-7(b)(1), Income Tax Regs., is generally the lesser            
          of (1) the fair market value of the property immediately before             
          the casualty reduced by the fair market value of the property               
          immediately after the casualty, or (2) the amount of the adjusted           
          basis prescribed in section 1.1011-1, Income Tax Regs., for                 
          determining loss from the sale or other disposition of the                  
          property.  The taxpayer bears the burden of proving the amount of           
          his basis.  See Millsap v. Commissioner, 46 T.C. 751, 760 (1966),           
          affd. on other issues 387 F.2d 420 (8th Cir. 1968).  A loss                 
          cannot be computed where the taxpayer’s basis in the property is            
          not proven.  See id.; Fisher v. Commissioner, T.C. Memo. 1986-              
          141; sec. 1.165-1(c), Income Tax Regs.  Petitioners held no basis           
          in the Foxbriar property during 1991, the year in which the                 
          damage to the swimming pool occurred.  Moreover, the record is              
          devoid of any evidence that would tend to indicate petitioners              






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