- 10 - denied petitioners’ applications in March 1995 and June 1995, respectively, and there is nothing in the record to suggest that petitioners appealed the denial of either application. In view of the foregoing, it is apparent that after June 1995 at the latest, petitioners had no reasonable prospect of recovery with respect to any claim for reimbursement for damage to their residence caused by the Northridge earthquake. Accordingly, the casualty loss was not sustained in 1996 but rather in 1994, the year in which the Northridge earthquake occurred or, at the latest, in 1995, the year in which claims for reimbursement possibly relating to damage caused by such earthquake were finally resolved. Petitioners contend that they sustained the loss in 1996 because that was the year in which they “paid for the damage” by having their home repaired. However, petitioners’ contention does not reflect the applicable law, which we discussed above and which we are obliged to apply. Issue (2): Amount of the Loss In view of our disposition of the prior issue, the issue regarding the amount of petitioners’ deductible loss is moot. Conclusion In view of the foregoing, respondent’s determination is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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