Earl G. Higbee and Lesley A. Higbee - Page 7




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               A.  Casualty Losses                                                    
               Pursuant to section 165(a) and (c)(3), a taxpayer is allowed           
          a deduction for an uncompensated loss that arises from fire,                
          storm, shipwreck, or other casualty.  Section 165(h), however,              
          states that any “loss * * * shall be allowed only to the extent             
          that the amount of the loss to such individual arising from each            
          casualty * * * exceeds $100” and only to the extent that the net            
          casualty loss “exceeds 10 percent of the adjusted gross income”.            
               When property is damaged rather than totally destroyed by              
          casualty, the proper measure of the amount of the loss sustained            
          is the difference between the fair market value of the property             
          immediately before and after the casualty, not to exceed the                
          property’s adjusted basis.  See sec. 1.165-7(b)(1), Income Tax              
          Regs.  The fair market values required by the Treasury                      
          regulations must generally be ascertained by competent appraisal.           
          See sec. 1.165-7(a)(2)(i), Income Tax Regs.  As an alternative,             
          the Treasury regulations provide that if the taxpayer has                   
          repaired the property damage resulting from the casualty, the               
          taxpayer may use the cost of repairs to prove the casualty loss.            
          See sec. 1.165-7(a)(2)(ii), Income Tax Regs.  In general,                   
          estimates of the cost of repairs are not evidence of the actual             
          costs of repairs unless the repairs are actually made.  See                 
          Lamphere v. Commissioner, 70 T.C. 391, 396 (1978); Farber v.                
          Commissioner, 57 T.C. 714, 719 (1972).                                      






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