- 10 - Equally unpersuasive is any contention that the foreclosure of the Merritt Island property constitutes a casualty loss within the meaning of section 165(c)(3). A casualty loss is limited to a loss caused by some sudden, unexpected, and external force such as fire, storm, shipwreck or similar event or accident. See White v. Commissioner, 48 T.C. 430 (1967). Petitioner’s loss of the Merritt Island property by foreclosure was not caused by any sudden, unexpected, or external force, but rather by his failure to properly make payments on his mortgage loan. See Washington v. Commissioner, supra. Respondent’s disallowance of the deduction in question might also be sustained for any number of other reasons, among them the following: The sale of mortgaged property at a foreclosure sale is treated as a sale or exchange from which the mortgagor may realize gain or loss under section 1001. See Helvering v. Hammel, 311 U.S. 504 (1941). In the present case, the facts suggest that there may have been a gain on the foreclosure, and not a loss, because the Merritt Island property was sold for an amount greater than its original cost.10 See Emmons v. 9(...continued) dismissal in an unpublished opinion. See No. 00-14389-HH; see also Siegel v. LePore, 234 F.3d 1163, 1172 (11th Cir. 2000). 10 There is no persuasive evidence in the record regarding the cost of any improvements that petitioner might have made to (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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