- 24 - Casualty Loss Deduction Respondent determined that petitioner is not entitled to a casualty loss deduction of $155,836 claimed on the 1994 return. We sustain respondent’s determination for the reasons discussed below. Section 165(a) permits a deduction for “any loss sustained during the taxable year and not compensated for by insurance or otherwise.” There is no question that the collapse of a portion of the roof of the south building occurred in 1994 and was not compensated for by insurance or otherwise. However, the deduction under section 165 is allowed only for the year in which the loss is “sustained”, as defined in section 1.165-1(d), Income Tax Regs. Because we find that the loss in the instant case was not sustained in 1994, the only year before us, we conclude the deduction is not allowable in that year. A loss is sustained when it is evidenced by closed and completed transactions and fixed by identifiable events. Sec. 1.165-1(d)(1), Income Tax Regs. If the taxpayer has a claim for reimbursement of a casualty loss and there is a reasonable prospect of recovery, the casualty loss is not sustained until it can be ascertained with reasonable certainty whether or not thePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011