Joyce Aston - Page 16

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          can be reasonably estimated. This option may be elected as an               
          alternative to the bad debt provisions of section 166, which treat          
          a loss on a deposit in an insolvent financial institution as a              
          short-term capital loss deductible only in the year in which there          
          is no reasonable prospect of recovery.  Electing casualty loss              
          treatment forecloses any section 166 bad debt deduction. An                 
          individual's election of casualty loss treatment applies to all of          
          the individual's deposits in the same financial institution.                
               Section 165(l) provides, in pertinent part, as follows:                
                    (l) Treatment of Certain Losses in Insolvent                      
               Financial Institutions.--                                              
                         (1) In general.--If--                                        
                              (A) as of the close of the taxable                      
                         year, it can reasonably be estimated that                    
                         there is a loss on a qualified                               
                         individual's deposit in a qualified                          
                         financial institution, and                                   
                              (B) such loss is on account of the                      
                         bankruptcy or insolvency of such                             
                         institution,                                                 
               then the taxpayer may elect to treat the amount so                     
               estimated as a loss described in subsection (c)(3)                     
               incurred during the taxable year.                                      
                    *      *      *      *       *      *      *                      
                         (3) Qualified financial institution.--                       
                    For purposes of this subsection, the term                         
                    "qualified financial institution" means--                         









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