Imre and Gizella Cziraki - Page 4

                                         -4-                                          
               On May 26, 1993, petitioners filed an application with the             
          U.S. Small Business Administration (SBA) for disaster relief.  On           
          June 3, 1993, in conjunction with petitioners' SBA loan                     
          application, an agent from the SBA visited petitioners' property            
          for the purpose of evaluating the damage from the storms and                
          preparing a written appraisal of the damage.  The SBA report                
          describes the damage to the property as a “washed out surface               
          roadway.”  The SBA report estimates repair cost to the road at              
          $208,000.                                                                   
               On their 1992 Federal income tax return, petitioners claimed           
          a casualty loss of $220,000.  Petitioners’ return was prepared by           
          their accountant.  This amount is equivalent to petitioners’                
          total adjusted basis in properties A and B, exclusive of the                
          $6,844 attributable to the cost of the road extension constructed           
          in 1984.  The claimed casualty loss derived from damages to the             
          road from the storms.  In the notice of deficiency, respondent              
          disallowed the casualty loss.                                               
                                       OPINION                                        
               At issue is the proper computation of petitioners’ 1992                
          casualty loss deduction.3  Petitioners claimed a $220,000                   
          casualty loss because of purported damages to their road from               

               3  Although the loss at issue occurred in 1993, sec.                   
          165(i)(1) permits any loss attributable to a casualty in an area            
          subsequently declared a Federal disaster area, at the election of           
          the taxpayer, to be taken into account for the taxable year                 
          immediately preceding the taxable year in which the disaster                
          occurred.                                                                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011