- 6 - such taxable year.” Sec. 1.165-1(d)(1), Income Tax Regs.; see also sec. 1.165-1(b), Income Tax Regs. There is no dispute in this case as to the year in which the Boyles’ casualty loss, if any, was sustained for purposes of section 165. Although the fire that destroyed the warehouse occurred in December 1993, the Boyles had a claim for insurance reimbursement which their insurer disputed. That claim was not settled until 1995. Because the amount of the insurance reimbursement could not reasonably be ascertained until the dispute was settled in 1995, the parties agree that the casualty loss in question, if any, was sustained in 1995.6 The issue we must decide focuses, instead, on the calculation of the Boyles’ adjusted basis, an essential component of the casualty loss calculation. Section 1.165-7(b)(1), Income Tax Regs., provides that the amount of loss to be taken into account for purposes of section 165(a) is the lesser of either (i) the amount which is equal to the fair market value of the 6Even though a casualty occurs in an earlier year, any loss resulting from that casualty is not considered to be sustained under sec. 165 until it can be determined with reasonable certainty whether reimbursement for all or part of the loss will be received and in what amount. Gale v. Commissioner, 41 T.C. 269, 275 (1963); sec. 1.165-1(d)(2)(i), Income Tax Regs. When a reasonable prospect of recovery on a reimbursement claim exists but the amount of the reimbursement cannot be determined with reasonable certainty, a casualty loss is not sustained until the claim is settled, adjudicated or abandoned, thus enabling the taxpayer to calculate the amount of the loss, if any. Licht v. Commissioner, 37 B.T.A. 1096, 1100 (1938); Allied Furriers Corp. v. Commissioner, 24 B.T.A. 457, 460 (1931).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011