- 30 - 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).Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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