Jane B. Oliver and Robert P. Oliver - Page 41

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               7.  Claimed Section 165(i) Relief                                      
               Section 165(i)(1) provides that any loss attributable to a             
          disaster occurring in an area subsequently determined by the                
          President of the United States to warrant assistance by the                 
          Federal Government under the Disaster Relief and Emergency                  
          Assistance Act may, at the election of the taxpayer, be taken               
          into account for the taxable year immediately preceding the                 
          taxable year in which the disaster occurred.  If such an election           
          is made, the casualty resulting in the loss is treated as having            
          occurred in the taxable year for which the deduction is claimed.            
          Sec. 165(i)(2).                                                             
               Section 1.165-11(e), Income Tax Regs., provides that an                
          election under section 165(i) must be made on or before the later           
          of:  (1) The due date for filing the income tax return                      
          (determined without regard to any extension of time for filing              
          the return) for the taxable year in which the disaster actually             
          occurred, or (2) the due date for filing the income tax return              
          (determined with regard to any extension of time for filing the             
          return) for the taxable year immediately preceding the taxable              
          year in which the disaster actually occurred.                               
               Petitioners contended for the first time at trial that they            
          are entitled to relief under section 165(i) for their claimed               
          casualty losses resulting from the floods in 1991.  Petitioners             
          did not address this issue in their brief.                                  






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