Robert Charles Fohrmeister - Page 8

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          insurance or otherwise.  Sec. 165(a), (c)(3).  Taxpayers may                
          deduct a casualty loss in the year in which the loss is sustained           
          and may deduct a theft loss in the year in which the loss is                
          discovered.  Sec. 165(a), (c)(3), (e).  If in the year of the               
          occurrence of the casualty, or in the year of the discovery of              
          the theft, there exists a claim for reimbursement with respect to           
          which there is a reasonable prospect of recovery, no portion of             
          the loss is deemed sustained by the taxpayer until the taxable              
          year in which it can be ascertained with reasonable certainty               
          whether or not reimbursement will be received.  Marine v.                   
          Commissioner, 92 T.C. 958, 980 (1989), affd without published               
          opinion 921 F.2d 280 (9th Cir. 1991); sec. 1.165-1(d)(2)(i), (3),           
          Income Tax Regs.  Whether a reasonable prospect of recovery                 
          exists is a question of fact.  Sec. 1.165-1(d)(2)(i), Income Tax            
          Regs.                                                                       
               The amount of a casualty or theft loss is equal to the                 
          lesser of (1) the fair market value at the time of the casualty             
          or theft, or (2) the adjusted cost basis of the property in                 
          question.  Secs. 1.165-7(b) and 1.165-8(c), Income Tax Regs.                
          Therefore, where a taxpayer fails to establish the cost or other            
          basis of property underlying a claim for a casualty loss                    
          deduction, no deduction is allowable.  Zmuda v. Commissioner, 79            
          T.C. 714, 727 (1982), affd. 731 F.2d 1417 (9th Cir. 1984).                  
               In this instance, petitioner readily admits that A Atlantic            
          is presently holding his property, and that there is a                      




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