31- - year 1988. Thus, their claimed cost basis ($23,700) in this computer equipment should have been reduced by the claimed depreciation and section 179 expense by $2,740, which results in a $20,960 adjusted basis. Sec. 1016(a)(2)(A). Even if petitioners had included the proper adjusted basis of their computer equipment in their $58,202.28 total claimed cost basis, however, they have failed to prove that they were entitled to calculate their claimed casualty loss based on the original cost of the contents of their home, rather than using the decrease in the fair market value of the contents of the residence as the appropriate measure of their sustained casualty loss. We are not persuaded by petitioners' evidence that the loss to the contents of their home is $58,202.28 as a result of the February flood. The total amount of the invoices submitted by them does not approach $58,202.28. Petitioners also presented no evidence that the amount they claim as the cost to repair the contents of their home is not greater than necessary to restore the contents to their condition prior to casualty. Such evidence is required by section 1.165- 7(a)(2)(ii), Income Tax Regs. We have found it difficult to determine with reasonable accuracy the amount of the loss sustained by petitioners in the February flood. Again, petitioners contend that we should approximate the loss sustained by them as a result of thePage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011