Robert Carmelo Torre - Page 7




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          “fire, storm, shipwreck, or other casualty, or from theft.”                 
          Personal casualty or theft losses are deductible only to the                
          extent that the loss exceeds personal casualty gains and $100               
          and, additionally, 10 percent of adjusted gross income.  Sec.               
          165(h)(1) and (2).  Casualty losses are deductible in the year              
          the loss is sustained.  Sec. 165(a); sec. 1.165-7(a)(1), Income             
          Tax Regs.  A casualty loss is treated as sustained during the               
          taxable year in which the loss occurs as evidenced by “closed and           
          completed transactions and as fixed by identifiable events                  
          occurring in such taxable year.”  Sec. 1.165-1(d)(1), Income Tax            
          Regs.                                                                       
               The term “other casualty” in section 165(c)(3) is not                  
          expressly defined in either the statute or the regulations.  This           
          Court construes the term “other casualty” in section 165(c)(3) by           
          applying the rule of ejusdem generis.  Maher v. Commissioner, 76            
          T.C. 593, 596 (1981), affd. 680 F.2d 91 (11th Cir. 1982); Dodge             
          v. Commissioner, 25 T.C. 1022, 1024 (1956).  Under this rule of             
          statutory construction, general words that follow the enumeration           
          of specific classes are construed as applying to things of the              
          same general class as those enumerated.  Thus, in order for the             
          loss to be deductible, the taxpayer must prove that the                     
          destructive event or happening was similar in nature to a fire,             
          storm, or shipwreck.  Accordingly, “other casualty” denotes “‘an            
          undesigned, sudden and unexpected event’”, Durden v.                        






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