Jane B. Oliver and Robert P. Oliver - Page 40

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               6.  Claimed Casualty Loss Deduction for Broken Kitchen Water           
          Pipes                                                                       
               Petitioners contend that damage to their home resulting from           
          broken kitchen water pipes is either part of the casualty loss              
          arising from the floods in 1991 or a separate casualty loss                 
          deduction for 1991.  Respondent contends that the broken kitchen            
          water pipes do not constitute a casualty within the meaning of              
          section 165(c)(3).                                                          
               A "casualty" is an event due to some sudden, unexpected, or            
          unusual cause, such as a fire, storm, or shipwreck.  Durden v.              
          Commissioner, 3 T.C. 1, 3 (1944).  The progressive deterioration            
          of property through a steadily operating cause is not a casualty.           
          Fay v. Commissioner, 120 F.2d 253 (2d Cir. 1941), affg. 42 B.T.A.           
          206 (1940).                                                                 
               Petitioners offered no evidence which establishes that their           
          kitchen water pipes broke as a result of the 1991 floods.  Their            
          flood insurance provider refused to cover the damage resulting              
          from the broken water pipes because they were located below the             
          flood water line, which indicates that the floods did not cause             
          the pipes to break.  Therefore, we hold that the broken kitchen             
          water pipes were not part of the casualty loss caused by the 1991           
          floods.  In the absence of proof that the water pipes broke as a            
          result of the floods, the logical conclusion is that they broke             
          as a result of progressive deterioration.  Consequently, no                 
          casualty loss may be deducted by petitioners for 1991 as a result           
          of the broken water pipes.                                                  



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