- 4 - OPINION Section 165(a)1 allows a deduction for “any loss sustained during the taxable year and not compensated for by insurance or otherwise.” Although an individual taxpayer’s business and personal casualty losses are deductible under section 165(c), there is a distinction between them. Casualty losses incurred in a business or other profit-seeking activity can be fully deductible, whereas personal casualty losses are subjected to a $100 exclusion and must exceed 10 percent of a taxpayer’s adjusted gross income. See sec. 165(h)(1) and (2). That distinction is critical to petitioners because the limitations on personal losses may reduce or eliminate petitioners’ ability to deduct a casualty loss deduction. There is no dispute about the occurrence of the earthquake, and respondent seems to agree that petitioners had some loss; however, respondent contends that the loss was personal and was of an amount that would not have exceeded the threshold limitations. First, we consider the amount of petitioners’ loss. A casualty loss is the difference between the fair market value of the property immediately before and immediately after the casualty. See sec. 1.165-7(a)(2)(i), Income Tax Regs. 1 Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the tax year under consideration, and Rule references are to this Court’s Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011