- 10 - to support his contention that he attempted to file an insurance claim as a result of the flood. Petitioner also testified as to his calculation of his claimed casualty loss deduction. Petitioner calculated such casualty loss deduction by inventorying the damaged and destroyed carpeting and personal property items as they were “hauled away”. He then found purchase receipts for these items. Petitioner “depreciated” all items by 10 percent of their purchase price, no matter how long he had owned the item. Petitioner then calculated his casualty loss by using the sum of all the depreciated values and applying the limitations of section 165(h). Petitioner did not attempt to recreate the above-described inventory list of items that were damaged or destroyed. Petitioner did not attempt to obtain receipts for repairs to the premises. Petitioner did not call, as witnesses to substantiate the casualty loss, any of the individuals who allegedly helped him pump the water out of his basement or helped him dispose of the damaged or destroyed items of personal property. Petitioner has presented no reliable evidence of any repairs made to his townhouse or to the personal property items that were damaged or destroyed as a result of the flood. The only evidence presented by petitioner to support his claimed losses is his own self-serving testimony. This Court is not bound to accept aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011