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Old 02-24-2004, 06:57 AM
Frederick Jorden
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Default Re: Casualy Loss Deduction from Fallen Tree

Rich Anton wrote:

- quote -

> Last Christmas a snowstorm and wind caused a tree to fall
> from my yard into my neighbors driveway taking out three
> cars. His auto insurance was the only coverage as my
> homeowners and his homeowners would not cover anything,
> referring to the event as an "Act of God".. He had to pay a
> total deductible of $1500. I split the cost with him giving
> him $750.
> Is this money somehow deductible as a loss.


No because in most states you would not be required to make
the payment and it is therefore a gift.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247 EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

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  #1  
Old 02-23-2004, 05:01 PM
Nan Eklund
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Default Re: Casualy Loss Deduction from Fallen Tree

Probably not unless your income is less than $7500. What we
used to call "fender benders" disappeared many years ago. A
casualty loss now has to be greater than 10% of your
adjusted gross income PLUS $100.

Nan, EA in LA

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Old 02-23-2004, 04:41 PM
Christopher Green
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Default Re: Casualy Loss Deduction from Fallen Tree

antonr01[at]yahoo.com (Rich Anton) wrote:

- quote -

> Last Christmas a snowstorm and wind caused a tree to fall
> from my yard into my neighbors driveway taking out three
> cars. His auto insurance was the only coverage as my
> homeowners and his homeowners would not cover anything,
> referring to the event as an "Act of God".. He had to pay a
> total deductible of $1500. I split the cost with him giving
> him $750.
> Is this money somehow deductible as a loss.


Two factors working against you:

(1) Small casualty losses aren't worth your while. There's a
$100-per-loss plus 10%-of-AGI haircut -- so unless you had
another much larger casualty loss or made only $6,500 last
year, you get no benefit.

(2) It could well be argued that your payment to your
neighbor was really a gift, since you were under no legal
obligation to make it. You are not normally liable for
damage caused when your tree falls onto somebody else's
property, unless you knew or should have known the tree was
unsound.

--
Chris Green

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  #-1  
Old 02-22-2004, 05:59 AM
Rich Anton
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Posts: n/a
Default Casualy Loss Deduction from Fallen Tree

Last Christmas a snowstorm and wind caused a tree to fall
from my yard into my neighbors driveway taking out three
cars. His auto insurance was the only coverage as my
homeowners and his homeowners would not cover anything,
referring to the event as an "Act of God".. He had to pay a
total deductible of $1500. I split the cost with him giving
him $750.

Is this money somehow deductible as a loss.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

Tags
casualy, deduction, fallen, loss, tree
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