Pamela S. Cooper - Page 16

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          following represents our conclusion as to the amount of                     
          petitioner’s loss:                                                          
                                            Fair Market Value Before                  
                                              the Casualty or Other                   
                           Item             Cost Related to Casualty                  
                Personal item including                                               
                clothing                                                              
                                                     17,500                           
                Furniture                            20,000                           
                Miscellaneous                        3,000                            
                Carpet                               5,500                            
                Total                      $46,000                                    

                Fair market value                                                     
                before casualty                      $46,000                          
                Fair market value                                                     
                after casualty                                                        
                                                     5,580                            
                Balance                              $40,420                          
                Less insurance                       (12,500)                         
                Casualty Loss                        $27,920                          
               We conclude that petitioner is entitled to a casualty loss             
          in the amount of $27,920, as computed above, prior to any                   
          statutory reductions.  Sec. 165(h).                                         
          Additions to Tax Under Section 6651(a)(1)                                   
               Section 6651(a)(1) imposes an addition to tax of 5 percent             
          per month of the amount of tax required to be shown on the                  
          return, not to exceed 25 percent, for failure to timely file a              
          return.  The addition to tax under section 6651(a)(1) is imposed            
          unless the taxpayer establishes that the failure was due to                 
          reasonable cause and not willful neglect.7  The record does not             

               7  Sec. 7491(c) provides that the Commissioner has the                 
          burden of production in any Court proceeding with respect to                
                                                             (continued...)           




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