George B.N. Ayittey - Page 5

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          the casualty or (ii) the adjusted basis determined under section            
          1.1011-1, Income Tax Regs.  Sec. 1.165-7(b)(1), Income Tax Regs.            
          The regulation also provides                                                
               However, if property used in a trade or business or held for           
               the production of income is totally destroyed by casualty,             
               and if the fair market value of such property immediately              
               before the casualty is less than the adjusted basis of such            
               property, the amount of the adjusted basis of such property            
               shall be treated as the amount of the loss for purposes of             
               section 165(a).  [Id.]                                                 
          For purposes here, the adjusted basis in the property destroyed             
          is the cost of such property.  Secs. 1011 and 1012.                         
               The parties apparently agree that, at least as far as the              
          majority of the items are concerned, the property destroyed was             
          used in a trade or business or was held for the production of               
          income and was totally destroyed.  We, therefore, are concerned,            
          pursuant to section 1.165-7(b)(1), Income Tax Regs., with                   
          petitioner’s bases or costs of the items destroyed.  Petitioner,            
          however, has not produced any evidence as to what his bases or              
          costs in the various items may have been.  Indeed, while they may           
          have had value to petitioner, it is clear that the memorabilia              
          had no costs to petitioner, and petitioner would have no bases in           
          these items.  With respect to what petitioner describes as                  
          “Labor/Inconvenience/Distress”, as we understand petitioner’s               
          testimony, the deduction was for mental upset, having to prepare            
          new lecture notes, etc., and for teaching.  These are not items             
          of property the losses of which are deductible as casualty                  
          losses.                                                                     




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