George P. Brown - Page 4

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               Respondent disallowed the claimed deduction in the statutory           
          notice of deficiency.  Deductions are strictly a matter of                  
          legislative grace, and petitioner bears the burden of proving his           
          entitlement to any deductions claimed.  Rule 142(a); INDOPCO,               
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  Petitioner's burden            
          includes the requirement that he substantiate any deductions                
          claimed.  Hradesky v. Commissioner, 65 T.C. 87 (1975), affd. per            
          curiam 540 F.2d 821 (5th Cir. 1976).                                        
               Section 165(a) allows as a deduction any loss sustained                
          during the taxable year and not compensated for by insurance or             
          otherwise.  In the case of an individual's nonbusiness property,            
          the deduction is limited to losses that "arise from fire, storm,            
          shipwreck, or other casualty, or from theft."  Sec. 165(c)(3).              
               Section 165(h)(1) provides that any casualty loss deduction            
          of an individual is allowed only to the extent that the amount of           
          the loss arising from each casualty exceeds $100.  Section                  
          165(h)(2) further limits the deduction to the amount that the               
          aggregate of the losses for the taxable year, in excess of the              
          section 165(h)(1) limitation of $100 per casualty, exceeds 10               
          percent of the individual's adjusted gross income for the taxable           
          year.                                                                       
               The proper measure of the amount of the loss sustained is              
          the difference between the fair market value of the property                
          immediately before and after the casualty, not to exceed its                




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