Charles R. Godwin et al. - Page 36

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               Petitioners failed to introduce sufficiently credible                  
          evidence as to the requisite elements of a casualty loss                    
          deduction to shift the burden of proof to respondent.                       
          2.  Applicable Law                                                          
               Section 165(a) and (c)(3) allows an individual a deduction             
          for loss of property not connected with a trade or business or a            
          transaction entered into for profit if the loss arises from fire,           
          storm, shipwreck, or other casualty and was not compensated for             
          by insurance or otherwise.  “Other casualty” is defined as a loss           
          proximately caused by a sudden, unexpected, or unusual event,               
          excluding the progressive deterioration of property through a               
          steadily operating cause or by normal depreciation.  Maher v.               
          Commissioner, 680 F.2d 91, 92 (11th Cir. 1982), affg. 76 T.C. 593           
          (1981); Coleman v. Commissioner, 76 T.C. 580, 589 (1981).  There            
          must be a causal connection between the alleged casualty and the            
          loss claimed by the taxpayer.  Kemper v. Commissioner, 30 T.C.              
          546, 549-50 (1958), affd. 269 F.2d 184 (8th Cir. 1959).  The                
          casualty loss must be permanent and not merely temporary damage             
          or interruption in the use of the property.  Bidelspacher v.                
          Commissioner, T.C. Memo. 1980-538, affd. without published                  
          opinion 681 F.2d 804 (3d Cir. 1982).                                        
               A casualty loss not connected with a trade or business or a            
          transaction entered into for profit is deductible under section             








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