- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011