- 14 - Petitioner has not established that the disaster payment is excludable from Cheyenne’s gross income.7 Petitioner has not shown that Cheyenne was entitled to receive the disaster payment by reason of having sustained any casualty loss for which it would have been entitled to a casualty loss deduction under section 165. As a small business corporation engaged in farming, Cheyenne in all likelihood had used the cash method of accounting. Secs. 447 and 448. As a result, it would have had no basis in the crops of a prior year in respect of which it was entitled to a disaster payment. Lacking any such basis, it would not have been entitled to a casualty loss for which the disaster payment would have acted as reimbursement. Issue 3: The Schedule E Loss On his 1989 personal Federal income tax return, petitioner claimed a Schedule E loss from Cheyenne in the amount of $11,503. Cheyenne’s Form 1120S for 1989 did not display any such loss, and petitioner did not file an amended return for Cheyenne’s 1989 taxable year. Petitioner has failed to substantiate the Schedule E loss claimed on his 1989 personal return. Cheyenne’s Form 1120S was marked “no activity”, and the evidence in the record indicates 7 Petitioner did not proffer evidence or argument that disaster payments would be excludable from Cheyenne’s income as disaster relief, cf. Bannon v. Commissioner, 99 T.C. 59, 62-63 (1992), or as Federal subsidies covered by sec. 126.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011