Juanita Carter - Page 18

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               The measure of a casualty or theft loss is determined by               
          section 1.165-7(b)(1), Income Tax Regs.  Generally, the loss                
          shall be the lesser of (1) the fair market value of the property            
          immediately before the casualty reduced by the fair market value            
          of the property immediately after the casualty, or (2) the amount           
          of the adjusted basis prescribed in section 1.1011-1, Income Tax            
          Regs., for determining loss from the sale or other disposition of           
          the property.  Under section 1.1011-1, Income Tax Regs., adjusted           
          basis is the cost or other basis of property under section 1012,            
          adjusted to reflect allowable deductions for depreciation under             
          section 1016.  In this case, petitioner does not contend that any           
          of the relevant property was ever used in a trade or business;              
          consequently, the cost or basis of the property was not subject             
          to adjustment for depreciation.  Petitioner produced no evidence            
          of her basis in or the fair market value of the relevant damaged            
          items of property.                                                          
               Apart from petitioner's failure to establish basis, section            
          1.165-1(d), Income Tax Regs., provides:                                     

               Year of deduction. (1) A loss shall be allowed as a                    
               deduction under section 165(a) only for the taxable year in            
               which the loss is sustained. * * * (2)(i) If a casualty or             
               other event occurs which may result in a loss and, in the              
               year of such casualty or event, there exists a claim for               
               reimbursement with respect to which there is a reasonable              
               prospect of recovery, no portion of the loss with respect to           
               which reimbursement may be received is sustained, for                  
               purposes of section 165, until it can be ascertained with              
               reasonable certainty whether or not such reimbursement will            
               be received.  Whether a reasonable prospect of recovery                




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