- 15 - The fourth issue is whether petitioner is entitled to a trade or business loss deduction for 1996 for the medical equipment that was stolen from her rental vehicle. Section 165(a) allows as a deduction any loss sustained by a taxpayer during the taxable year that is not compensated for by insurance or otherwise. Theft losses to individuals are allowable as a deduction under section 165(c). Theft losses are treated as having been sustained during the taxable year in which the taxpayer discovers the loss. Sec. 165(e). In any taxable year, personal casualty losses are generally allowed only to the extent the losses from each casualty exceed $100 and exceed 10 percent of the adjusted gross income of the individual. Sec. 165(c)(3), (h)(2). However, section 165(h)(2) does not apply here because the Court is satisfied that the claimed loss arose in connection with petitioner’s trade or business. The proper measure of a casualty loss is the difference between the fair market value of the property before the casualty and its fair market value immediately after the casualty but not exceeding its adjusted basis. Helvering v. Owens, 305 U.S. 468, 471 (1939); Millsap v. Commissioner, 46 T.C. 751, 759 (1966); secs. 1.165-7(b)(1), 1.165-8(c), Income Tax Regs. Where the casualty loss is the result of theft, the fair market value of the property immediately after the theft is zero. Sec. 1.165- 8(e), Income Tax Regs. The Court is satisfied from the recordPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011