POPA V. COMMISSIONER 73 T.C. 130 (1979) CASE BRIEF

POPA V. COMMISSIONER

73 T.C. 130 (1979)

NATURE OF THE CASE: Popa (P) disputed a determination by the IRS (D) that denied P's claim for casualty losses under I.R.C. 165(c)(3).

FACTS: P resided in Vietnam, serving as the vice president and general manager of the Transworld Services Corp. P left Vietnam on one of his frequent business trips to Bangkok, Thailand. He took with him only a suitcase and a briefcase. Everything else P owned, such as furniture, clothing, appliances, books, and stored food stuffs, was left at his rented home in an affluent part of Saigon. The country's government collapsed. United States nationals were ordered evacuated by the President. P was never able to return to that country and has no reasonable hope of ever recovering his property or its value. None of the goods lost were insured. P assigned a total fair market value of $12,691 to these items and deducted this amount, less the $100 section 165(c)(3) floor, as a casualty loss on his calendar year 1975 return. D disallowed the deduction. P petitioned. D argues that petitioner's loss is nondeductible because it 'does not constitute a casualty loss as is contemplated by I.R.C. section 165(c)(3).' P argues that his loss in Vietnam was due to an 'identifiable event of a sudden, unexpected and unusual nature' which event is ejusdem generis to the events specifically described in section 165(c)(3).

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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