Florence C. Blankson - Page 16




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               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 record              





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