Verta Hill - Page 8

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               With respect to each item identified on each schedule,                 
          petitioner reported that the cost or other basis of the property            
          was the same as the fair market value of the property before the            
          casualty.  Petitioner also reported that each item had a fair               
          market value of zero after the casualty.  However, once                     
          petitioner calculated the total purported loss for each category            
          of property, petitioner reduced the loss for what she described             
          as “depreciation” as follows:                                               
               Category  FMV before Reduction for Reported  Percentage                
                         casualty depreciation    loss      reduction                 
               Clothing  $9,217.50     $317.50    $8,900.00 3.3%                      
               Appliances   5,850.00      900.00  4,950.00    15.4                    
               Tools     1,500.00       0.00      1,500.00  0.0                       
               Electronics   9,200.00    1,700.00 7,500.00  18.5                      
               On January 7, 2004, respondent issued petitioner a notice of           
          deficiency for taxable year 2001.  In the notice of deficiency,             
          respondent disallowed petitioner’s claimed casualty loss                    
          deduction and determined petitioner is liable for a deficiency in           
          the amount of $2,745.                                                       
                                     Discussion                                       
               As a general rule, the determinations of the Commissioner in           
          a notice of deficiency are presumed correct, and the taxpayer               
          bears the burden of proving the Commissioner’s determinations in            
          the notice of deficiency to be in error.  Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  As one exception to this              
          rule, section 7491(a) places upon the Commissioner the burden of            
          proof with respect to any factual issue relating to liability for           





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