Gary L. Lonsinger and Nancy L. Lonsinger - Page 7

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          the amounts used by petitioners in computing the amount of the              
          casualty loss on their 1990 return.                                         
               Petitioners argue generally in support of the position taken           
          on their return.                                                            
               Section 165(a) provides a deduction for losses not                     
          compensated for by insurance or otherwise.  Section 165(h) deals            
          with the treatment of casualty gains and losses.  Although                  
          petitioner testified that he was in the business of buying and              
          selling boats, for which he held two franchises, and petitioners            
          included a Schedule C relating to boat sales with their 1990                
          return, they claimed the loss from the partial sinking of the               
          PEDRO as a loss from a casualty relating to personal use                    
          property, for reasons not readily apparent, and reduced the loss            
          by $100, as provided by section 165(h)(1), and 10 percent of                
          their adjusted gross income, or $4,032, as provided by section              
          165(h)(4)(A).                                                               
               As already noted, respondent challenges both the year in               
          which any casualty loss deduction may be claimed by petitioners,            
          and the amount of the loss.  For reasons hereafter discussed, we            
          believe that petitioners have correctly chosen 1990 as the year             
          for which to claim any casualty loss, but, based on the record              
          before us, that petitioners are entitled to claim no casualty               
          loss in any year from the partial sinking of the PEDRO.                     







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