- 9 - insurance. The Court accepts petitioners’ evidence and finds that they were not compensated by insurance or otherwise for the loss from damage to the truck caused by theft. In the case of an individual, section 165(c)(3) allows a taxpayer to claim as a deduction any loss from theft or casualty sustained during the taxable year. The loss is allowed only to the extent that it exceeds $100 and the net casualty loss is in excess of 10 percent of the taxpayer’s adjusted gross income. Sec. 165(h). The amount of the loss allowable as a deduction is the lesser of (1) the difference between the fair market value of the property immediately before and immediately after the casualty, or (2) the adjusted basis of the property. Helvering v. Owens, 305 U.S. 468 (1939); sec. 1.165-7(a)(2) and (b), Income Tax Regs. The fair market value of the property immediately before and immediately after the casualty “shall generally be ascertained by competent appraisal.” Sec. 1.165-7(a)(2), Income Tax Regs. Petitioners’ case is made difficult to decide in their favor because they have no appraisals for the fair market value of the truck immediately before and immediately after it was damaged. Respondent argues for the use of the Blue Book as an appropriate guide for determining the value of petitioners’ truck immediately before the casualty. Using the Blue Book, respondent would valuePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011