- 16 - Claimed Casualty Loss Deduction Respondent determined to disallow a casualty loss deduction of $138,256 that petitioners claimed in their 1997 joint return with respect to the Quissett.8 Petitioners contend that on January 3, 1997, a storm caused damage to the Quissett and that therefore they are entitled to a casualty loss deduction for 1997. Respondent contends, inter alia, that petitioners have failed to establish that the alleged storm occurred and that the Quissett sustained the alleged damage during that alleged storm. Section 165(a) allows a deduction for any loss sustained during the taxable year and not compensated for by insurance or otherwise. A loss is treated as sustained during the taxable year in which the loss occurs, as evidenced by closed and com- pleted transactions and as fixed by identifiable events occurring in such taxable year. Sec. 1.165-1(d)(1), Income Tax Regs. As pertinent here, section 165(c)(3) limits the deduction allowed by section 165(a) in the case of an individual to a loss that arises from fire, storm, shipwreck, or other casualty, or 8Respondent further determined to disallow the NOL carryback deductions that petitioners claimed in their 1995 amended joint return and their 1996 amended joint return of $87,812 and $30,045, respectively. Resolution of respondent’s determinations to disallow petitioners’ claimed NOL carryback deductions for 1995 and 1996 will flow automatically from our findings and resolution of respondent’s determination to disallow petitioners’ casualty loss deduction claimed for 1997.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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