- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011