- 10 - Section 1.165-7(b)(1), Income Tax Regs., limits a deductible casualty loss under section 165(a) to the lesser of the decrease in value of property before and after the casualty or the adjusted basis of the “involved” property. The reference to “involved” property contained in section 1.165-7(b)(1), Income Tax Regs., must refer to the property damaged or destroyed by the casualty, i.e., the old warehouse, and the Boyles’ adjusted basis in the old warehouse for purposes of calculating the casualty loss, if any, under section 165(a) must be its basis as of the date of the casualty. Our conclusion is consistent with section 1033, which provides rules for determining whether gain realized upon the involuntary conversion of property must be recognized for Federal income tax purposes. A casualty is treated for Federal income tax purposes as an involuntary conversion of property. Sec. 1033(a); secs. 1.1033(a)-1 and 1.1033(a)-2(c), Income Tax Regs. Under section 1033(a)(2), if damaged or destroyed property is converted into money (e.g., through insurance), that conversion is treated as a sale or exchange of the damaged or destroyed property (the converted property), and the amount of gain, if any, realized on the conversion must be recognized except to the extent provided in section 1033(a)(2). If, however, the taxpayer reinvests the money received for the converted property to acquire qualified replacement property (i.e., property similar orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011