- 34 - shortly before Aetna denied her claim for damage under the Homeowners’ Association policy.4 Respondent argues that petitioner had a reasonable prospect of recovery when she filed her return because Aetna had not yet denied her claim. We disagree. The Homeowners’ Association was short on funds in 1990 and had made only minimal repairs to petitioner's home in April 1990 when she filed her amended 1988 return. It was uncertain whether it could afford to make all of the repairs for which it was responsible. Notwithstanding the fact that the Homeowners’ Association could have specially assessed its members to pay for repairs, there is no evidence that it did so in 1990.5 The fact that it could have done so did not give petitioner a reasonable prospect of recovery in 1990. We conclude that petitioner had losses from the earthquake for which she had no reasonable prospect of recovery from insurance or otherwise and which she properly deducted on her amended 1988 return. b. Role of the Homeowners’ Association 3(...continued) the claim. * * * 4 Petitioner contends that she filed her amended 1988 return on Apr. 14, 1990, after Aetna Life & Casualty (Aetna) denied her claim for damage under the Crestview Park Condominium Homeowners' Association (Homeowners' Association) policy. The record clearly shows, however, that she filed her return on Apr. 9, 1990, before Aetna denied her claim. 5 Petitioner said that the Homeowners' Association made a special assessment equal to 6 months of dues, but it appears that was in 1991 or later.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