Jane B. Oliver and Robert P. Oliver - Page 7

                                         -  -7                                           
               On their joint Federal income tax return for the taxable               
          year 1988, petitioners claimed a casualty loss deduction of                 
          $142,729 relating to the claimed storm damage, consisting of                
          damage to their home in the amount of $34,998.34, damage to its             
          contents of $107,330.60, and cleanup costs of $400.                         
               Respondent sent petitioners a notice of deficiency for 1988            
          disallowing the claimed $142,729 casualty loss deduction because            
          a schedule attached by petitioners to that return showed that               
          they had been reimbursed by their insurance company for the full            
          amount of the casualty loss.  Petitioners paid the deficiency in            
          income tax determined by respondent for 1988.                               
               Respondent and petitioners agree that, pursuant to section             
          1.165-1(d)(2)(i), Income Tax Regs., the casualty loss deduction             
          in the amount of $142,729, before insurance reimbursement,                  
          claimed by petitioners on their 1988 return is properly before              
          the Court for the taxable year 1991.  The amount of reimbursement           
          received by petitioners for the casualty loss which occurred in             
          1988 could not be ascertained until the civil litigation between            
          petitioners and FGIU was settled in 1991.                                   
              At trial, petitioners claimed for the first time that the              
          amount of loss relating to the claimed storm damage in 1988 was             
          $193,462.16, before insurance reimbursement.                                
               On their Federal income tax return for the taxable year                
          1991, petitioners reported $32,040 received by them in settlement           
          of the USF&G litigation as "other income".  In the notice of                




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