Tracy M. Colter and Robert N. Colter, Jr. - Page 11




                                       - 10 -                                         
          before the fire.1  Respondent argues that petitioners’ casualty             
          loss deduction should be computed as follows:                               
               Fair market value of personal property                                 
          before fire                                 $51,711.17                      
               Less amount reimbursed                       45,732.06                 
               Less $100 (sec. 165(h)(1))                   100.00                    
               Less 10 percent of adjusted gross income                               
               (sec. 165(h)(2))                             4,280.00                  
               Allowable casualty loss deduction            1,599.11                  

          In effect, in the above computation, respondent considers the               
          property damaged or destroyed in the fire to have had no fair               
          market value after the fire.  Furthermore, to petitioners’                  
          benefit, respondent treats the property’s fair market value prior           
          to the fire and petitioner’s basis in the property as equal,                
          which is highly unlikely.                                                   
               We consider respondent’s computation to be reasonable under            
          the circumstances, and note that, if only by coincidence, it                
          provides support for the adjustment made in the notice of                   
          deficiency.  The computation, however, does not take into account           
          the value of those items removed from the Hendersonville                    
          residence by the cleaning company, determined to be                         
          unsalvageable, and never returned to petitioners.  We accept                
          petitioners’ $4,562 estimate of value of those items, adopt                 
          respondent’s approach as to the significance of that estimate,              

               1 Subtracting depreciation from replacement cost can be an             
          acceptable method of determining the fair market value of an item           
          of personal property.  See Cornelius v. Commissioner, 56 T.C. 976           
          (1971).                                                                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011