- 5 - casualty loss deduction of $51,029 for damage to her personal property and fixtures to the condominium. Included in the claimed casualty loss were the following homeowners association fees: Homeowners Association Emergency Assessment (A Fund) Warner Village III $8,600 Homeowners Association Insurance Deductible (B Fund) Warner Village III $4,000 Homeowners Association Insurance 10% Exclusion (C Fund) Warner Village III $2,179 Respondent allowed petitioner’s casualty loss deduction for 1994, and the above casualty loss is not in dispute in this case. In the notice of deficiency, respondent disallowed petitioner’s casualty loss deduction for 1995 because petitioner failed to substantiate the amount of the purported casualty loss. In the alternative, respondent contends that if the Court were to decide that petitioner’s loss was substantiated, then the loss was claimed in the incorrect year, and also that petitioner owned 50 percent of the Woodland Hills condominium, entitling her to only 50 percent of the claimed loss. Discussion Section 165(a) generally allows a deduction for “any loss sustained during the taxable year and not compensated for by insurance or otherwise.” Individuals may deduct losses to property caused by casualties such as earthquakes. Sec. 165(c)(3). The loss must exceed $100 and 10 percent of thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011