- 37 - 165(h) only to the extent (1) the loss exceeds $100, and (2) the net casualty loss exceeds 10 percent of the AGI of the taxpayer. The amount of the casualty loss from a partial destruction of property is the lesser of the taxpayer’s adjusted basis of the property or the difference in the property’s fair market value immediately before and after the casualty. Sec. 1.165-7(b)(1), Income Tax Regs. The amount of the loss is reduced by any insurance recovery and salvage value. Sec. 165(a); sec. 1.165-1(c)(4), Income Tax Regs. To establish the amount of the loss, the relevant fair market values of the property “shall generally be ascertained by competent appraisal” conducted in a manner to ensure that any casualty loss deduction “be limited to the actual loss resulting from damage to the property.” Sec. 1.165-7(a)(2)(i), Income Tax Regs. As an alternative, the taxpayer may use the cost of repairs to prove the casualty loss (the cost of repairs method). See sec. 1.165-7(a)(2)(ii), Income Tax Regs. 3. Cause of Damages Petitioners presented credible evidence that Hurricane Georges damaged the beach lot by causing loss of sand that persisted until the sand was replenished by ocean tides and the beach replenishment program of the City of Gulf Shores, Alabama. Beach erosion from Hurricane Georges revealed the remains of the wreck. Petitioners claim the visibility of the wreck andPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011