Estate of James W. Boyle - Page 4




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          insurance policy was uncertain until 1995, when the Boyles and              
          Pacific settled the claim.  Pursuant to the settlement, Pacific             
          paid $553,793 to reimburse the Boyles for the destruction of the            
          old warehouse, and the Boyles constructed a new warehouse at a              
          total cost of $698,935 to replace the old warehouse.4                       
               On their 1995 Form 1040, U.S. Individual Income Tax Return,            
          the Boyles claimed a depreciation deduction of $7,424 and a                 
          casualty loss in the amount of $173,833 with respect to the old             
          warehouse.  The parties stipulated that the casualty loss was               
          computed as follows:5                                                       








               4The Boyles’ net out-of-pocket investment to construct the             
          new warehouse was only $145,142 after application of the                    
          insurance proceeds.                                                         
               5The computation made by the Boyles on their 1995 return as            
          reflected on Form 4684, Casualties and Thefts, differs from the             
          stipulated computation and was as follows:                                  
               Cost or adjusted basis of property      $727,626                       
               Insurance or other reimbursement             553,793                   
               Fair market value before casualty            750,000                   
               Fair market value after casualty             NONE                      
               Difference                                   750,000                   
               Enter the smaller of the adjusted                                      
               basis or the difference in fair market                                 
               value before and after the casualty as                                 
               the casualty loss claimed               173,833                        




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Last modified: May 25, 2011