- 36 - fires, storms, and shipwrecks. Popa v. Commissioner, 73 T.C. 130, 132-133 (1979); White v. Commissioner, 48 T.C. 430, 434-435 (1967); Durden v. Commissioner, 3 T.C. 1, 3-4 (1944). As we put it in Billman v. Commissioner, 73 T.C. 139, 141-142 (1979)-- We cannot believe that the Internal Revenue Code was designed to take care of all losses that the economic world may bestow on its inhabitants. It is restricted in its description of a casualty loss to “losses aris[ing] from fire, storm, shipwreck, or other casualty, or from theft.” Certainly these taxpayers did not suffer from “fire, storm, [or] shipwreck.” Of course they suffered. But, was it from “other casualty?” To us, “other casualty” means a similar kind of occurrence to “fire, storm, [or] shipwreck.” * * * Firstly, Poppe’s successful foreclosure proceeding is not the type of event that is sudden, undesigned, violent or forceful, unexpected, and accidental. Secondly, even assuming that petitioners lost all value of the Island and R.K. on account of the Army Corps of Engineers’ action of denying permits to develop the Island, that denial is not the type of event that is sudden, undesigned, violent or forceful, unexpected, and accidental. Thus, Laney’s loss was not from an “other casualty”. Powers v. Commissioner, 36 T.C. at 1193; see Beltran v. United States, 441 F.2d 954, 960 (7th Cir. 1971); Alvarez v. United States, 431 F.2d 1261, 1264 (5th Cir. 1970). We hold, for respondent, that Laney’s claimed 1983 loss did not arise from fire, storm, shipwreck, or other casualty.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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