- 9 - We disagree with petitioners, however, that the failure of the above-cited regulations to specify when the adjusted basis of the property involved must be calculated means that petitioners are free to calculate the adjusted basis of the old warehouse by adding to it the cost of constructing the new warehouse. Although the above-cited regulations do not explicitly address the timing question posed by petitioners, the answer, we believe, flows from section 1.165-7(b)(1), Income Tax Regs. Petitioners’ calculation of the Boyles’ adjusted basis in the old warehouse as of 1995 assumes that the new warehouse is merely an improvement of the old warehouse and that the cost of that improvement increases the Boyles’ adjusted basis in the old warehouse for purposes of calculating their casualty loss under section 165(a). This assumption, which is critical to the success of petitioners’ position, is incorrect because the record in this case clearly establishes that the old warehouse and the new warehouse were separate and distinct properties. Only the old warehouse was involved in the casualty on December 13, 1993, and it was completely destroyed before the new warehouse was even in existence. 7(...continued) provided by sec. 1016. Secs. 1.1016-2 and 1.1016-3, Income Tax Regs., provide that a taxpayer’s cost basis must be increased by the cost of improvements and betterments made to property, and decreased by amortization, depreciation, and obsolescence.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011