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In a notice of deficiency, respondent determined that
petitioner is liable for a deficiency in Federal income tax for
1995 of $2,953.
After concessions made by petitioner,1 the sole issue for
decision is whether petitioner is entitled to a casualty loss for
earthquake damage to her residence.
Some of the facts have been stipulated and are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference. At the time the petition
was filed, petitioner resided in Encino, California.
Background
In 1994, petitioner owned and resided in a condominium
located at 21901 Burbank Boulevard, #161, Woodland Hills,
California (the condominium), with her two minor children and her
companion, Richard Tripaldi (Mr. Tripaldi). Petitioner and Mr.
Tripaldi were married in 1996. The condominium was a trilevel
unit with three bedrooms, three bathrooms, and an attached
garage. On January 17, 1994, an earthquake occurred in
Northridge, California (Northridge earthquake). Immediately
after the Northridge earthquake petitioner, her children, and Mr.
Tripaldi moved out of the condominium and stayed at a hotel in
1 Petitioner concedes respondent’s disallowance of a
charitable contribution deduction of $187 and miscellaneous
itemized deductions of $1,195 claimed on her Schedule A, Itemized
Deductions, for 1995.
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