Charles R. Godwin et al. - Page 37

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          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 and                   






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