- -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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011