Estate of James W. Boyle - Page 2




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          for 1995.  The only issue1 for decision is whether, under section           
          165,2 the decedent and Mrs. Boyle properly deducted a casualty              
          loss of $173,833 on their Federal income tax return for 1995.               
                                  FINDINGS OF FACT                                    
               The facts of this case have been fully stipulated pursuant             
          to Rule 122.  We incorporate the stipulation of facts into our              
          findings by this reference.                                                 
               Petitioners are the Estate of James W. Boyle, Deceased, Mrs.           
          Boyle and James H. Case, Co-Personal Representatives, and Mrs.              
          Boyle, the surviving spouse of decedent.  Decedent, who died on             
          October 24, 1998, and Mrs. Boyle (together, the Boyles) were                
          husband and wife during 1995 and timely filed a joint Federal               
          income tax return for 1995.  Mrs. Boyle and James H. Case are the           
          duly appointed personal representatives of decedent’s estate.               
          Petitioners resided in Honolulu, Hawaii, on the date the petition           
          was filed.                                                                  
               In June 1979, the Boyles purchased a commercial warehouse              
          building (old warehouse) located in Honolulu, Hawaii.  The Boyles           
          owned the old warehouse as joint tenants at all relevant times.             
          Their cost basis in the old warehouse as of June 1979 was                   


               1 The only other issues raised in the notice of deficiency             
          are computational or were conceded by petitioners.                          
               2 All section references are to the Internal Revenue Code in           
          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure.  Monetary amounts are            
          rounded to the nearest dollar.                                              




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