- 8 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011