David Daniel and Annette Daniel - Page 17

                                                - 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 the                             




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