- 32 - As discussed at paragraph A-2 above (p. 17), petitioner must prove her adjusted basis in property for which she claims a casualty loss. A taxpayer who acquires property by gift takes a basis in the property equal to the lesser of the donor's basis or the fair market value at the time of the gift. Sec. 1015. A taxpayer who inherits property takes a basis in the property equal to its fair market value at the date of the decedent's death. Sec. 1014(a). Petitioner did not establish the basis she had in property that she received by gift or inheritance. For example, she did not show that the fair market value she provided was determined at the time of the earthquake or at the time of her aunt's death. She said that the chandelier, which she valued at $14,500, was not listed as an asset in her aunt's estate tax return. Petitioner did not show what her basis is for these items. Petitioner’s personal property was damaged by the earthquake, but we think she overestimated the amount of damage. We conclude that petitioner had personal property loss of $35,000. 5. Insurance Payment We conclude that the decrease in fair market value of petitioner’s home due to the earthquake exceeded her insurance recovery. Petitioner received $42,000 ($30,000 plus $12,000) as insurance reimbursement, the maximum allowed under her policy.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011