- 10 - separately, and not together as an integral part of the realty, and separate losses shall be determined for such building and trees. From the text of section 165 and the regulations thereunder, we discern that Trinity may deduct a casualty loss for the taxable year in which it suffers a "casualty" resulting in a loss from the damage or destruction of property. We also discern that the amount of the loss equals the diminution in value2 of each single, identifiable piece of property, as measured before and after the casualty, and that this loss is deductible to the extent that it is not greater than the property's adjusted basis. To the extent that this loss is greater than the property's adjusted basis, the deductible loss is limited to the property's adjusted basis. See also Helvering v. Owens, 305 U.S. 468 (1939); Carloate Indus., Inc. v. United States, 354 F.2d 814, 817 (5th Cir. 1966); Lamphere v. Commissioner, 70 T.C. 391, 395 (1978); Millsap v. Commissioner, 46 T.C. 751, 759 (1966), affd. 387 F.2d 420 (8th Cir. 1968). Respondent, citing Lamphere v. Commissioner, supra at 395, observes that damage caused by a flood may be a casualty under section 165, and we find under the facts herein that the subject 2 We use the term "value" throughout this opinion as a shorthand for the term "fair market value". For a discussion of the rules used to determine "fair market value" for Federal income tax purposes, see Estate of Scanlan v. Commissioner, T.C. Memo. 1996-331, affd. without published opinion 116 F.3d 1476 (5th Cir. 1997), and Estate of Proios v. Commissioner, T.C. Memo. 1994-442.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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