Estate of James W. Boyle - Page 10




                                       - 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 or           






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