- 8 - The regulations provide the method for determining the amount deductible. Section 1.165-7(b)(1), Income Tax Regs., provides: (b) Amount deductible--(1) General rule. In the case of any casualty loss whether or not incurred in a trade or business or in any transaction entered into for profit, the amount of loss to be taken into account for purposes of section 165(a) shall be the lesser of either-- (i) The amount which is equal to the fair market value of the property immediately before the casualty reduced by the fair market value of the property immediately after the casualty; or (ii) The amount of the adjusted basis prescribed in sec. 1.1011-1 for determining the loss from the sale or other disposition of the property involved. However, if the 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). Fair market values are "generally" to be ascertained by "competent appraisal". Sec. 1.165-7(a)(2)(i), Income Tax Regs. Section 1.165-1(a), Income Tax Regs. (citing section 165(a)) provides that in computing taxable income under section 63, any loss actually sustained during the taxable year and not made good by insurance or some other form of compensation is allowable as a deduction, subject to certain limitations not relevant here. Section 1.165-1(d)(2)(i), Income Tax Regs., provides in general that a casualty loss is not "sustained" before the year in whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011