- 26 - A loss may be deducted only by the taxpayer who sustained it. If the taxpayer is not the owner of the property, the taxpayer generally cannot claim a deduction for a casualty loss relating to that property. See Wayno v. Commissioner, T.C. Memo. 1992-53, affd. without published opinion 12 F.3d 1111 (9th Cir. 1993). This Court has held that petitioners held no legal or equitable title to the Foxbriar property during either of the years at issue. This includes the swimming pool located on the Foxbriar property. Moreover, the measure of a casualty loss, as provided by section 1.165-7(b)(1), Income Tax Regs., is generally the lesser of (1) the fair market value of the property immediately before the casualty reduced by the fair market value of the property immediately after the casualty, or (2) the amount of the adjusted basis prescribed in section 1.1011-1, Income Tax Regs., for determining loss from the sale or other disposition of the property. The taxpayer bears the burden of proving the amount of his basis. See Millsap v. Commissioner, 46 T.C. 751, 760 (1966), affd. on other issues 387 F.2d 420 (8th Cir. 1968). A loss cannot be computed where the taxpayer’s basis in the property is not proven. See id.; Fisher v. Commissioner, T.C. Memo. 1986- 141; sec. 1.165-1(c), Income Tax Regs. Petitioners held no basis in the Foxbriar property during 1991, the year in which the damage to the swimming pool occurred. Moreover, the record is devoid of any evidence that would tend to indicate petitionersPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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