- 14 - before the casualty, minus the fair market value of the property immediately after the casualty, not to exceed, however, the property's adjusted basis. Helvering v. Owens, 305 U.S. 468, 471 (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. The determination of these respective values "shall generally be ascertained by competent appraisal," and any such deduction "shall be limited to the actual loss resulting from damage to the property." Sec. 1.165-7(a)(2)(i), Income Tax Regs. The cost of repairs to the property damaged is also acceptable as evidence of the loss of value under certain circumstances. Sec. 1.165- 7(a)(2)(ii), Income Tax Regs. Termite damage generally does not give rise to a deductible casualty loss because it does not occur suddenly, unexpectedly, or from an unusual cause. United States v. Rogers, 120 F.2d 244 (9th Cir. 1941); Dodge v. Commissioner, 25 T.C. 1022, 1026 (1956). Only in exceptional situations where damages from termite infestation occurred in a relatively short period of time, ranging, for example, from 3 to 14 months, has a casualty loss been sustained. Rosenberg v. Commissioner, 198 F.2d 46 (8th Cir. 1952), revg. 16 T.C. 1360 (1951); Kilroe v. Commissioner, 32 T.C. 1304 (1959); Buist v. United States, 164 F.Supp. 218 (E.D. S.C. 1958); Shopmaker v. United States, 119 F.Supp. 705 (E.D. Mo. 1953); see Dodge v. Commissioner, supra, for a detailed analysis of the cases.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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