George B.N. Ayittey - Page 4

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          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 after            




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