Charles R. Godwin et al. - Page 30

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          caused by Hurricane Danny,8 the 1997 earthquakes, and Hurricane             
          Georges.9  Respondent examined petitioners’ 1997 return and made            
          adjustments.  Casualty losses to the bay house are not at issue.            
               The casualty losses claimed by petitioners and respondent’s            
          adjustments are as follows:                                                 
          Natural             Property     Claimed      Allowed by                    
          Disaster    Date       Affected        Loss        Respondent               
          Hurricane   7/19/97  Bay house          $22,943        - 0 -                
          Danny                                                                       
          Earthquake  5/3/97   Atmore residence   300,000        - 0 -                
          tremors  10/24/97                                                           
          Hurricane   9/30/98  Atmore residence   211,504        - 0 -                
          Georges            Bay house           50,000       $80,000                 
          Beach lot           92,000        - 0 -                                     
          Total                              676,447        80,000                    
               Total after $100 limit for                                             
          each casualty                    676,147        79,900                      
               Total after 10 percent adjusted                                        
          gross income (AGI) limit                                                    
               (AGI = $1,493,138)               526,833        - 0 -                  

               8On their 1997 return, petitioners claimed a casualty loss             
          of $22,943 for damages to their bay house from Hurricane Danny.             
          Respondent determined petitioners failed to establish any loss in           
          excess of their insurance reimbursement.   Petitioners conceded             
          respondent’s adjustment in their opening statement at trial.                
               9On their 1997 return, petitioners claimed a loss of $50,000           
          for damages caused by Hurricane Georges to a wharf and bulkhead             
          at their bay house.  In the notice of deficiency, respondent                
          determined petitioners were entitled to a loss of $80,000 for               
          damages to their bay house.  Petitioners do not contest this                
          determination.  Petitioners are not entitled to deduct the                  
          casualty loss of $80,000 because it does not exceed $149,314, 10            
          percent of petitioners’ 1997 adjusted gross income, as provided             
          by sec. 165(h).                                                             







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