- 3 - Some of the books were given to him, as were the items shown as memorabilia. Petitioner did not seek any expert advice concerning the value of the items destroyed. Petitioner has no records, receipts, or other documents concerning the cost of any of the items destroyed nor did petitioner attempt to reconstruct such cost. Petitioner did not seek any professional advice concerning the preparation of his 1999 tax return. Petitioner received $12,500 from the university’s insurance company for the loss that he suffered from the fire. Upon audit, respondent allowed a casualty loss deduction of $9,448 and disallowed the remainder of the deductions claimed on petitioner’s return. Discussion Generally, the burden of proving that respondent’s determination is incorrect is on petitioner. Section 7491(a) provides, in limited circumstances, that the burden shifts to respondent. Petitioner does not fall within these limited circumstances and the burden of proof is on petitioner. Casualty Loss Section 165(a) allows “as a deduction any loss sustained during the taxable year and not compensated for by insurance or otherwise.” The general rule for determining the amount of a casualty loss, whether or not incurred in a trade or business or in a transaction for profit, is the lesser of (i) the fair market value before the casualty reduced by the fair market value afterPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011