Edward C. Tietig - Page 38




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          that his loss from this entity in 1992 was only $7,083, which is            
          the same amount of loss that respondent determined in the notice            
          of deficiency.                                                              
               We agree with respondent that all these adjustments and                
          concessions should be taken into account.  When that is done, it            
          is clear that there are no losses in 1990 and 1992 that are                 
          available to be carried forward to 1993 pursuant to section 172.            
          V.   Issue 5.  Casualty Loss                                                
               A.   Background                                                        
               On October 2, 1991, petitioner’s son Brian Tietig, who was             
          17 years old at the time, discovered that a theft and extensive             
          vandalism had occurred at the Miami property.  Brian Tietig                 
          called the Metro-Dade Police Department and reported the crime on           
          that date.  Petitioner completed a property loss report for the             
          Metro-Dade Police Department on January 20, 1992.  Petitioner               
          gave what he considered the “replacement costs” of the property             
          stolen from his house in the property loss report he signed on              
          January 20, 1992.                                                           
               Petitioner brought a lawsuit against TransAmerica Premier              
          Insurance Co. (TransAmerica) in 1992 in the Circuit Court for               
          Brevard County, Florida.  Petitioner recovered $1,500 from                  
          TransAmerica.  Petitioner and TransAmerica executed a Property              
          Damage Release on October 4, 1993.  After October 4, 1993,                  








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