- 4 - the casualty or (ii) the adjusted basis determined under section 1.1011-1, Income Tax Regs. Sec. 1.165-7(b)(1), Income Tax Regs. The regulation also provides However, if property used in a trade or business or held for the production of income is totally destroyed by casualty, and if the fair market value of such property immediately before the casualty is less than the adjusted basis of such property, the amount of the adjusted basis of such property shall be treated as the amount of the loss for purposes of section 165(a). [Id.] For purposes here, the adjusted basis in the property destroyed is the cost of such property. Secs. 1011 and 1012. The parties apparently agree that, at least as far as the majority of the items are concerned, the property destroyed was used in a trade or business or was held for the production of income and was totally destroyed. We, therefore, are concerned, pursuant to section 1.165-7(b)(1), Income Tax Regs., with petitioner’s bases or costs of the items destroyed. Petitioner, however, has not produced any evidence as to what his bases or costs in the various items may have been. Indeed, while they may have had value to petitioner, it is clear that the memorabilia had no costs to petitioner, and petitioner would have no bases in these items. With respect to what petitioner describes as “Labor/Inconvenience/Distress”, as we understand petitioner’s testimony, the deduction was for mental upset, having to prepare new lecture notes, etc., and for teaching. These are not items of property the losses of which are deductible as casualty losses.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011