- 4 - OPINION 1. Casualty Loss Deductions Petitioner asserts that as a result of his then-wife’s decision to terminate her pregnancy in 1974 or 1975, petitioner suffered a “theft/casualty” loss of a “nonviable fetus”. In response to this loss, petitioner claims entitlement to casualty loss deductions for each of the years 1992 through 1995 of $50,729, $58,056, $4,704, and $13,899, respectively. These losses roughly correspond to the amount of gross income reported for each year. Section 165(a) allows a deduction for losses sustained during the taxable year which are not compensated for by insurance or otherwise. Under section 165(c), however, an individual may deduct a loss not connected with a trade or business or with a transaction entered into for profit if the loss arose from “fire, storm, shipwreck, or other casualty, or from theft.” Sec. 165(c)(3). Casualty losses under section 165 must be deducted for the taxable year in which the loss was sustained. See sec. 1.165-7(a)(1), Income Tax Regs. Losses due to theft may be deducted during the taxable year in which the taxpayer discovered the loss. See sec. 165(e). casualty loss resulted when his then wife elected to terminate her pregnancy in August 1974.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011