Gerry M. Griggs - Page 9

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          Helvering v. Owens, 305 U.S. 468 (1939); sec. 1.165-7(b), Income            
          Tax Regs.                                                                   
               The basis of property acquired by purchase is its cost.                
          Sec. 1012.  The basis of property acquired by gift is the same as           
          it would be in the hands of the donor or the last preceding owner           
          by whom it was not acquired by gift.  If such basis is greater              
          than the fair market value of the property at the time of the               
          gift, however, the basis for determining loss is the fair market            
          value of the property.  Sec. 1015.                                          
               In order for the Court to determine whether petitioner is              
          entitled to a casualty loss, petitioner’s basis in the property             
          damaged or destroyed must be known.  Where a taxpayer fails to              
          prove that basis, the Court is unable to determine the amount of            
          the loss that is deductible.  Zmuda v. Commissioner, 79 T.C. 714,           
          727-728 (1982), affd. on other grounds 731 F.2d 1417 (9th Cir.              
          1984); Millsap v. Commissioner, 46 T.C. 751, 760 (1966), affd.              
          387 F.2d 420 (8th Cir. 1968).                                               
               Petitioner offered no evidence of either the fair market               
          value of the property at the time of the loss or his basis in the           
          items.  Further, it appears that petitioner cannot meet the                 
          requirement of section 165(h)(2) that the net casualty loss                 
          exceed 10 percent of adjusted gross income.                                 









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