Lee F. McClune and Harriet R. McClune - Page 3

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          Petitioners did not receive any compensation or insurance                   
          payments for the loss.                                                      
               On their joint income tax return for 1997, petitioners                 
          claimed a $44,000 casualty loss due to the destruction of the               
          barn.  The $44,000 loss was computed on their Form 4684,                    
          Casualties and Thefts, by subtracting the estimated value of the            
          lumber, $2,000, from the value of the barn before the casualty,             
          which petitioner claimed to be $46,000.                                     
               In the notice of deficiency, the Internal Revenue Service              
          (IRS) allowed petitioners a casualty loss of $500.  At trial of             
          this case, respondent conceded that petitioners should be allowed           
          a deduction of $1,350 for the loss of the barn.                             
                                       OPINION                                        
               The amount of a casualty loss deduction is generally                   
          computed as the excess of the fair market value of the property             
          immediately before the casualty over the fair market value of the           
          property immediately after the casualty, limited by the adjusted            
          basis of the property.  Helvering v. Owens, 305 U.S. 468 (1939);            
          Millsap v. Commissioner, 46 T.C. 751 (1966), affd. 387 F.2d 420             
          (8th Cir. 1968); sec. 1.165-7(b)(1), Income Tax Regs.  These                
          respective values “shall generally be ascertained by competent              
          appraisal.”  Sec. 1.165-7(a)(2)(i), Income Tax Regs.                        
               The parties agree that petitioners sustained a casualty loss           
          within the meaning of section 165(c)(2).  That section states               






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