Robin E. Schmidt, a.k.a. Robin E. Tripaldi - Page 6




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          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 the                 







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