Suzanne Z. Ataky - Page 5




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          paid to restore property to its precasualty condition.  Sec.                
          1.165-7(a)(2)(ii), Income Tax Regs.                                         
               Generally, a casualty loss may be deducted in the year in              
          which the loss occurs.  Sec. 1.165-7(a)(1), Income Tax Regs.  A             
          reasonable prospect for reimbursement of a loss (e.g., by                   
          insurance or lawsuit) will prevent a casualty loss from being               
          deductible until the year in which the reasonable prospect for              
          reimbursement no longer exists.  Sec. 1.165-1(d)(2), Income Tax             
          Regs.                                                                       
               Petitioner no longer claims that she is entitled to a $3,050           
          casualty loss deduction for thefts of a notebook and a digital              
          camera, as claimed on her 2003 Federal income tax return.                   
          Rather, petitioner now argues that the $3,050 claimed casualty              
          loss deduction is allowable based on theft damage that occurred             
          to her car in 2002 and accident damage that occurred to her car             
          in 2003.                                                                    
               Without a showing that petitioner in 2002 had a reasonable             
          prospect for reimbursement of the costs of repairing the car                
          theft damage (deferring any casualty loss deduction relating                
          thereto until at least 2003) and that petitioner in 2003 had no             
          such prospect, a casualty loss deduction relating to theft damage           
          to petitioner’s car is not available to petitioner in 2003.                 
               As to the accident damage to petitioner’s car, because                 
          petitioner did not repair her car and did not obtain an estimate            







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