40- - 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.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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