Henry A. Julicher - Page 24




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          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 the             











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