Francis N. and Patricia A. Leonard - Page 7

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          1.  The Casualty Loss Deduction                                             
               In general and in addition to other types of losses, an                
          individual is entitled to a deduction for the loss of property if           
          the loss arises from fire, storm, shipwreck, or other casualty              
          and is not compensated for by insurance or otherwise.  Sec.                 
          165(a), (c)(3).  “Other casualty” is defined as a loss                      
          proximately caused by a sudden, unexpected, or unusual event,               
          excluding the progressive deterioration of property through a               
          steadily operating cause or by normal depreciation.  Maher v.               
          Commissioner, 680 F.2d 91, 92 (11th Cir. 1982), affg. 76 T.C. 593           
          (1981); Coleman v. Commissioner, 76 T.C. 580, 589 (1981).  There            
          must be a causal connection between the alleged casualty and the            
          loss claimed by the taxpayer.  Kemper v. Commissioner, 30 T.C.              
          546, 549-550 (1958), affd. 269 F.2d 184 (8th Cir. 1959).                    
          Whether damage qualifies as a casualty typically turns on whether           
          the damage satisfies the suddenness requirement, which denotes an           
          accident, a mishap, or some sudden invasion by hostile agency               
          rather than progressive deterioration of property through                   
          steadily operating cause.  Fay v. Helvering, 120 F.2d 253 (2d               
          Cir. 1941), affg. 42 B.T.A. 206 (1940).  In considering whether             
          wood rot damage qualified as a casualty, we have held that the              
          “suddenness” of the loss itself (the lapse of time between the              
          precipitating event and the loss proximately caused by that                 
          event) is a determining factor.  Hoppe v. Commissioner, 42 T.C.             






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