Henry A. Julicher - Page 13




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          states a basis for the damaged building of $155,836 and states              
          that the fair market value of the damaged building before                   
          casualty was $154,000, and after casualty was $0.8  The Form 4684           
          claims a total casualty loss of $155,836.9                                  
               Respondent’s examination in the instant case commenced prior           
          to July 22, 1998.  During the examination, Mr. Finder submitted             
          the document petitioner had given him to the revenue agent                  
          conducting the examination to support the claimed deduction.                
               In the notice of deficiency, respondent determined that                
          petitioner was not entitled to the claimed loss deduction because           
          he did not (1) establish the decrease in the fair market value of           
          the Property as a result of the roof collapse, (2) establish his            
          adjusted basis in the Property, and (3) provide documentation to            
          support the claimed deduction.                                              
          Bad Debt Deduction (Ms. Weinstein)                                          
               In addition to leasing buildings to his corporation,                   
          petitioner also leased real property to successive businesses               
          owned by Rose Weinstein (Ms. Weinstein), a professional tennis              
          instructor.  The businesses operated swim and tennis clubs.                 
          The businesses paid annual rents to petitioner ranging from                 


               8 The record does not reflect how these figures were                   
          generated.                                                                  
               9 Because the building was alleged to have been totally                
          destroyed, the Form 4684 uses the stated basis as the casualty              
          loss deduction, even though that amount exceeded the stated value           
          of the south building of $154,000.  See sec. 1.165-7(b)(1)(ii),             
          Income Tax Regs.                                                            




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