- 7 - property immediately before the casualty reduced by the fair market value of the property immediately after the casualty or (ii) the amount of the taxpayer’s adjusted basis prescribed in section 1.1011-1, Income Tax Regs., for determining the loss from the sale or disposition of the property involved. The amount determined is then reduced by any insurance or other compensation received to arrive at the deduction allowable. Sec. 165(a); sec. 1.165-1(c)(4), Income Tax Regs.; see also Helvering v. Owens, 305 U.S. 468 (1939); Pfalzgraf v. Commissioner, 67 T.C. 784 (1977); Millsap v. Commissioner, 46 T.C. 751 (1966), affd. on other issues 387 F.2d 420 (8th Cir. 1968); sec. 1.165-7(b)(3), Income Tax Regs. The parties agree that the difference between the fair market value of the old warehouse before and after the fire is between $600,000 to $700,000 and that the Boyles received insurance reimbursement of $553,793. The parties disagree, however, regarding the calculation of the Boyles’ adjusted basis in the old warehouse. Respondent contends that the Boyles’ adjusted basis must be calculated as of December 13, 1993, the date the fire occurred, citing sections 1.165-7(b)(1) and 1.165- 1(c)(4), Income Tax Regs., in support of his position. Petitioners reject respondent’s argument, pointing out that the regulations cited by respondent do not state whether a taxpayer’s adjusted basis is calculated as of the date the casualty occurredPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011