Ilija and Branka Mitic - Page 17




                                               - 17 -                                                  
            which was totaled in petitioners’ automobile accident that                                 
            occurred in early November 1994.  Petitioners calculated that                              
            claimed casualty loss deduction by subtracting their $27,000                               
            estimate of the amount of insurance to be paid by State Farm from                          
            $67,500, the amount that they paid to purchase that automobile.                            
            Respondent disallowed petitioners’ claimed casualty loss deduc-                            
            tion for 1994.                                                                             
                  Section 165(a) allows a deduction for any loss sustained                             
            during the taxable year and not compensated for by insurance or                            
            otherwise.6  A loss is treated as sustained during the taxable                             
            year in which the loss occurs, as evidenced by closed and com-                             


                  6The amount of any deductible casualty loss sustained gener-                         
            ally is equal to the lesser of (1) the amount equal to the fair                            
            market value of the property in question immediately before the                            
            casualty reduced by the fair market value of that property                                 
            immediately after the casualty or (2) the amount of the adjusted                           
            basis of the property prescribed in sec. 1.1011-1, Income Tax                              
            Regs., for determining the loss from the sale or other disposi-                            
            tion of the property involved.  See sec. 1.165-7(b), Income Tax                            
            Regs.  However, if property used in a trade or business or held                            
            for the production of income is totally destroyed by casualty,                             
            and if the fair market value of such property immediately before                           
            the casualty is less than the adjusted basis of such property                              
            prescribed in sec. 1.1011-1, Income Tax Regs., the amount of the                           
            adjusted basis of such property is to be treated as the amount of                          
            the loss for purposes of sec. 165(a).  See id.                                             
                  Moreover, in the case of a personal casualty loss (i.e., a                           
            casualty loss of an individual of property not connected with a                            
            trade or business or a transaction entered into for profit), the                           
            amount of such loss otherwise properly calculated under sec. 165                           
            and the regulations thereunder is deductible for the taxable year                          
            only to the extent such loss (assuming there are no personal                               
            casualty gains) exceeds 10 percent of the individual taxpayer’s                            
            adjusted gross income.  See sec. 165(h)(2)(A).                                             






Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011