- 17 - memorandum. At trial, Mrs. Daniel testified that these items were not claimed on the return because she was in a hurry to file the return. Petitioners have not submitted any evidence of the loss of these items other than Mr. Daniel's own estimates given to their insurance company the day after the flood. Based on the record, we find that petitioners have failed to prove that they should be allowed to include these unclaimed items in the determination of the amount of their casualty loss. We find that petitioners have proved that they sustained a casualty loss in the amount of $6,171.37. After taking into account the section 165(h) limitations, we hold petitioners are not entitled to a casualty loss deduction. The third issue for decision is whether petitioners are liable for the section 6663(a) penalty for fraud for 1991 and 1992. Respondent determined in the statutory notice of deficiency that the fraud penalty is applicable to the following adjustments to petitioners' taxable income: 1991 1992 Real estate taxes $ 321 $ 0 Charitable contributions 6,639 6,888 Casualty loss 0 3,100 Interest income 50 52 Respondent did not assert the fraud penalty in the statutory notice of deficiency for adjustments to petitioners' charitable contribution deductions for 1991 and 1992 in the amounts of $2,500 and $3,000, respectively. There is no explanation in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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