- -17 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 (2) the amount of the adjusted basis for determining the loss from the sale or other disposition of the property involved. A "casualty" is an event due to some sudden, unexpected, or unusual cause, such as a fire, storm, or shipwreck. Durden v. Commissioner, 3 T.C. 1, 3 (1944). The only evidence petitioner offered regarding the casualty loss deduction claimed in 1990 was an affidavit of Tex Mayhall, in which Mr. Mayhall states that the damage to petitioner's automobile occurred due to an absence or an insufficient amount of antifreeze in the automobile. The affidavit further states that Mr. Mayhall salvaged the automobile for $50 and notified petitioner about the salvage approximately 3 months later when petitioner called to ask about the automobile. We have long held that in order for an event to constitute a casualty, the event must involve the application of a destructive force which must be the proximate cause of the loss. See White v. Commissioner, 48 T.C. 430 (1967). Petitioner's loss, if any, did not embody the requisite element of "chance, accident, or contingency", see Powers v. Commissioner, 36 T.C. 1191, 1193 (1961) (quoting Bachofen von Echt v. Commissioner, 21 B.T.A. 702, 709 (1930)), and is, therefore, no more than a personal expense to petitioner as a result of petitioner's neglect. Further, even if this were to be considered as a casualty loss, petitioner has offered noPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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