- 4 - This appraisal is to be used ONLY for the function of settling your insurance claim. Any other use of this appraisal, such as for selling the property or for income tax deduction purposes, renders it null and void. The appraisal finds that the fair market value of the household furniture prior to damage is $4,315 and in damaged condition the value is $1,140. The replacement value of the books available for valuation was determined to be $2,910, and the "Books and year books badly damaged and thrown away" were "Not valued". Respondent determined that petitioners had failed to substantiate the casualty loss and denied the deduction in full. Discussion Because petitioners failed to meet the requirements of section 7491(a)(2), the burden of proof does not shift to respondent in this case.1 Losses may be deductible under section 165 to the extent "not compensated for by insurance or otherwise." In the case of an individual, section 165(c)(3) allows a taxpayer to claim as a deduction any loss from theft or casualty sustained during the taxable year. The loss is allowed only to the extent that it exceeds $100 and the net casualty loss is in excess of 10 percent of adjusted gross income. Sec. 165(h). The amount of the loss 1Sec. 7491 is effective with respect to court proceedings arising in connection with examinations by the Commissioner commencing after July 22, 1998, the date of its enactment by sec. 3001(a) of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, 112 Stat. 685, 726.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011