- 17 - have not shown that they became worthless during 1992. Are Petitioners Entitled to a Casualty Loss Deduction? We next consider whether petitioners are entitled to a casualty loss deduction under section 165 for losses stemming from the destruction of the auction. Petitioners advanced their casualty loss argument for the first time in their brief as an entirely new and separate issue. After considering that this issue was not tried by consent of the parties and that surprise and prejudice to respondent would result, we hold that the issue was not timely raised. See Estate of Horvath v. Commissioner, 59 T.C. 551, 555 (1973). Petitioners’ casualty loss argument appears to be an afterthought. Petitioners have not shown that they had an ownership interest in the auction. Additionally, petitioners’ argument conflicts factually with petitioner’s father’s and stepmother’s claim of a $55,825 casualty loss for the same property. Petitioner’s Basis in Glenwood We next consider whether petitioners have shown that they correctly reported capital gain from the 1992 sale of Glenwood. Section 1001(a) provides that gain from the sale or disposition of property shall be the excess of the amount realized over the adjusted basis. Section 1001(b) provides that the amount realized is the sum of money received plus the fair market value of any property received. Section 1001(c) requires that the amount of gain on the sale or exchange of property be recognizedPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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