Tracy M. Colter and Robert N. Colter, Jr. - Page 8




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          See Millsap v. Commissioner, 46 T.C. 751, 759 (1966), affd. 387             
          F.2d 420 (8th Cir. 1968).  The reduction in the fair market value           
          of the property caused by the casualty must be compared to the              
          adjusted basis of the property.  The lesser of the two amounts              
          equals the amount of the casualty loss for purposes of computing            
          the deduction allowed under section 165.  See Helvering v. Owens,           
          305 U.S. 468 (1939); Pfalzgraf v. Commissioner, 67 T.C. 784                 
          (1977); Cornelius v. Commissioner, 56 T.C. 976 (1971); Millsap v.           
          Commissioner, supra; sec. 1.165-7(b)(1), Income Tax Regs.                   
          Subject to numerous exceptions, the general rule is that a                  
          taxpayer’s basis in property equals the taxpayer’s cost of the              
          property.  See secs. 1011 and 1012.  Fair market value is defined           
          in countless cases as “the price at which the property would                
          change hands between a willing buyer and a willing seller,                  
          neither being under any compulsion to buy or sell and both having           
          reasonable knowledge of relevant facts.”  United States v.                  
          Cartwright, 411 U.S. 546, 551 (1973); Gresham v. Commissioner, 79           
          T.C. 322, 326 (1982), affd. 752 F.2d 518 (10th Cir. 1985); sec.             
          1.170A-1(c)(2), Income Tax Regs.                                            
               Although less than clear from the manner in which the                  
          casualty loss deduction was computed on petitioners’ return, the            
          relevant “property” over which the controversy centers in this              
          case is the personal property damaged or destroyed in the fire.             
          Reciting the well-established general principles that control               






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