- 36 - 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 sectionPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011