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Topic 10 - Casualties and Theft Losses

Student instructions:  

You may need adobe acrobat to download forms and publications online.

Use IRS Publication 547  and California FTB Pub. 1034 and California 540A / 540 Booklet to complete this topic.

Complete a Form 4684 for Andrew Martinez (699-03-6021). On August 30, 2007, a tremendous storm caused extensive property damage to Andrew's home. He had originally purchased the home for $90,000. The purchase price was allocated between the land ($18,000) and the building ($72,000). Andrew planted trees and ornamental shrubs on the grounds surrounding his home at a cost of $1,200.   The fair market value immediately before the storm was $98,000 ($80,000 for building and $18,000 land); immediately afterwards the value was $70,000 ($52,000 for building and $18,000 for the land). The fair market value of the trees and shrubs immediately before the casualty was $2,000 and immediately afterwards; $100. Insurance of $15,000 is received to cover the total damage. Deduction losses are figured separately for the home and tree shrubs.

Complete a  Schedule A using the results from Form 4684. After that prepare a Federal Form 1040 and California Form 540 (including Schedule CA).

Andrew and his girlfriend have been together for 1 year. They do not have any children and are not married. They lived together all of 2007. Her name is Cindy Thomson (SSN: 012-92-8910). Cindy did not work because she was a student for all of 2007. They plan to get married when Cindy graduates from school.

In addition to his earnings, Andrew had the following for 2007:
bullet Unemployment compensation $1,373.00
bullet California lottery winnings of $1,785.00.

Don't worry about his California lottery tickets that he bought. He did not keep track as Andrew hardly ever buys any lottery tickets.

Use this Form W-2:


 

1. Look at the Form 1040 you prepared for Andrew Martinez. What is the amount on Form 1040, Line 40?

a. $ 11,642.
b. $ 11,657.
c. $ 5,350. 
d. $ 10,700.

2. Look at the Form 1040 you prepared for Andrew Martinez. What is the amount on Form 1040, Line 74a?

a. $ 2,173.
b. $ 1,228.
c. $ 2,710. 
d. None of the above.

3. A theft in the taking and removing of money or property with the intent to deprive the owner of it. Theft includes the taking of money or property by the following means, except

a. blackmail and extortion.
b. money loaned to a friend who did not pay you back.
c. kidnapping for ransom.
d. burglary and robbery. 

4. The taking of money or property through fraud or misrepresentation is theft if it is illegal under state and local law.                       

True False

5. Loss of property due to progressive deterioration is deductible as a casualty loss.                       

True False

6. A casualty loss is deductible if the damage or destruction is caused by accidentally breaking articles such as glassware or china under normal conditions.                       

True False

7. The simple disappearance of money or property is not theft. A car door is accidentally slammed on y our hand, breaking the setting of your diamond ring. The diamond falls from the ring and is never found. The loss of the diamond

a. Is not a casualty because the disappearance was a simple disappearance.
b. Is not a casualty because the event was not sudden , unexpected or unusual.
c.
Is a casualty because the event was sudden, unexpected, or unusual.
d. None of the above. 

8. You bought a new chair 4 years ago for $300. In April, a fire destroyed the chair. You estimate that it would cost $500 to replace it. If you had sold the chair before the fire, you estimate that you could have received only $100 for it because it was 4 years old. The chair was not insured. Your loss is

a. $ 500.
b. $ 300.
c.
$ 400.
d.
$ 100.

9. Your home was extensively damaged by a tornado. Your loss after reimbursement from your insurance company was $ 10,000. Your employer set up a disaster relief fund for its employees. Employees receiving money from the fund had to use it to rehabilitate or replace their damaged or destroyed property. You received $ 4,000 from the fund and spent the entire amount on repairs to your home. Your casualty loss before applying the deduction limits is

a. $ 3,000.
b. $ 10,000.
c.
$ 7,000.
d.
None of the above.

10. You have a car insurance policy with a $ 500 deductible, because your insurance did not cover the first $ 500 of an auto collision, the $ 500 would be deductible (Subject to the $ 100 and 10% limits).             

True False

11. Several years ago, you purchased silver dollars at face value for $250. This is your adjusted basis in the property. Your silver dollars were stolen this year. The FMV of the coins was $1,500 just before they were stolen, and insurance did not cover them. Your theft loss is

a. $ 1,500.
b. $ 250.
c.
$ 850.
d.
None of the above.

12. In figuring a casualty loss on personal-use real property, the entire property (including any improvements, such as buildings, trees, and shrubs) is treated as one item. Figure the loss using

a. the decrease in FMV of the entire property.
b. the adjusted basis of the entire property.
c.
the smaller of A or B above.
d.
None of the above.

13. Do not reduce your casualty loss by insurance payments you receive to cover living expenses in the following situation.

a. You lose the use of your main home because of a casualty.
b. Government authorities do not allow you access to your main home because of a casualty or threat of one.
c. Either of A or B above.
d.
None of the above.

14. In December 2007, you had a collision while driving your personal car. Repairs to the car cost $950. You had $100 deductible collision insurance. Your insurance company agreed to reimburse you for the rest of the damages. You casualty loss for 2007 is

a. $ 950.
b. $ 850.
c.
$ 100.
d.
$ -0-

15. You have a casualty loss if your home is unsafe due to dangerous conditions existing before the disaster.           

True False

16. The cost of restoring landscaping to its original condition after a casualty may indicate the decrease in FMV. You may be able to measure your loss by what you spend on

a. removing destroyed or damaged trees and shrubs, minus any salvage you receive.
b. pruning and other measures it takes to preserve damaged trees and shrubs.
c.
replanting necessary to restore the property to its approximate value before the casualty.
d.
All of the above.

17. Deductible casualty losses can result from a number of different causes, excluding the following.

a. Mine cave-ins.
b. Terrorist attacks.
c.
Vandalism.
d.
A fire if your willfully set it, or pay someone else to set it. 

18. A casualty is deductible if the damage or destruction is caused by the following, except

a. A family pet suddenly and unexpectedly damaged a household item.
b. Terrorist attacks.
c.
Floods.
d. A car accident if your willful negligence or willful act caused it.

19. A loss resulting from damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual.

a. A casualty loss.
b. A theft loss.
c. A loss of deposit.
d. A sudden loss. 

20. A loss resulting from the taking and removing of money or property with the intent to deprive the owner of it. The taking of property must be illegal under the law of the state where it occurred and it must have been done with criminal intent.

a. A casualty loss.
b. A theft loss.
c. A loss of deposit.
d. A sudden loss. 

21.  A loss resulting when a bank, credit union, or other financial institution becomes insolvent or bankrupt.

a. An institutional loss.
b. A theft loss.
c. A loss of deposit.
d. A sudden loss. 

22.  Frank's car was completely destroyed in an automobile accident for which Frank was at fault due to drunk driving. He did not file a claim with his insurance company because he feared his premiums would be raised. Besides he fled the scene of the accident because  he was afraid he would get caught driving under the influence. His loss was $4,500. His policy had a $1,000 deductible. How much casualty loss can Frank claim on his return (before the deduction limits)?

a. $ -0-
b. $4,500
c. $3,500
d. $1,000

23.  After you have figured your casualty or theft loss, you must figure how much of the loss you can deduct. A loss on property that you own for your personal use is subject to

a. The $100 rule.
b. 10% rule.
c. 2% rule.
d. Both a and b are correct.

24.  Jane bought an old mountain cabin as a second home and began to remodel it. Her AGI for 2007 was $39,000.  Immediately after she had removed the old appliances and cleaned the cabin, a fire destroyed it. The cost of the cabin was $100,000 (including $10,000 for the land). The fair market value (FMV) of the property before the fire was $120,000 ($105,000 for the building and $15,000 for the land). After the fire, the FMV was $15,000 (value of the land). Jane collected $85,000 from her insurance company. Her casualty loss is 

a. $ -0-
b. $ 1,000
c. $ 5,000
d. $ 15,000

25. In September of 2007, two months after Jim and Betty finished constructing a barn, it was completely destroyed by a hurricane. Their adjusted basis in the barn was its cost, $40,000. It was not covered by insurance. The entire community has been declared a federal disaster area. Jim and Betty may elect to do which of the following?

a. Deduct $40,000 in either 2006 or 2007.
b. Deduct $40,000 in either 2005 or 2006.
c. Deduct $40,000 in 2006, 2007, or 2008.
d. Deduction has to be for 2007 because losses are deducted when losses occur.

26. Your antique oriental rug was damaged by your new puppy before the puppy was house broken. As a result,

a. Because the loss was un-expected and unusual, the loss is deductible as a casualty loss.
b. Because the loss was not un-expected and unusual, the loss is not deductible as a casualty loss.
c. Because the loss was sudden, the loss is deductible as a casualty loss.
d. None of the above.

27. Your home was damaged by a hurricane. Relatives and neighbors made cash gifts to you that were excludable from your income. You used part of the cash gifts to pay for repairs to your home. There were no limits or restrictions on how you could use the cash gifts. It was an excludable gift so the money you received and used to pay for repairs to your home

a. reduces the basis of the property.
b. reduces the casualty loss on the damaged home.
c. does not reduce your casualty loss on the damaged home.
d.
None of the above.

28. To deduct a casualty loss, you must be able to show that there was a casualty . You also must be able to support the amount you take as a deduction. For casualty loss proof, you should be able to show

a. The type of casualty, when it occurred and that the loss was a direct result of the casualty.
b. That you were the owner of the property, or if you leased the property from someone else, that you were contractually liable to the owner for the damage.
c. Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery.
d. All of the above.

29.  To deduct a theft loss, you must be able to show that there was a theft. You also must be able to support the amount you take as a deduction. For theft loss proof, you should be able to show

a. That your property was stolen and when you discovered that your property was missing.
b. That you were the owner of the property and whether a claim for reimbursement exists for which there is a reasonable expectation of recovery.
c. That you did not know the person who stole your property.
d. Both A and B are correct.

30. The decrease in FMV used to figure the amount of a casualty or theft loss is the difference between the property's fair market value immediately before and immediately after the casualty or theft. The FMV of property immediately after a theft is

a. Considered to be the same as the value immediately before stolen because the item has not changed value with the change of owner.
b. Considered to be zero since you no longer have the property.
c. Considered to be a lot less since stolen property is always sold for a lot less.
d. None of the above.

31. Look at the Form 540 you prepared for Andrew Martinez. What is the amount on Form 540, Line 18?

a. $ 11,642.
b. $ 11,229.
c. $ 11,657. 
d. $ 17,479.

32. Look at the Form 540 you prepared for Andrew Martinez. What is the amount on Form 540, Line 66?

a. $ 240.
b. $ 146.
c. $ 36. 
d. $ 134.

33. When your property is lost or damaged due to an earthquake, fire, flood, or similar event that is sudden, unexpected, or unusual, it is considered a

a. disaster.
b. theft.
c.
casualty.
d.
None of the above.

34. California law is generally the same as federal law for casualties and disaster lose deductions.

True False

35. What documentation must you attach to your California return to report your losses?

a. Schedule D-1.
b. FTB 3805V.
c.
FTB 3805Q.
d.
Any of the above.

 36. You may qualify to carry over excess disaster losses for if subsequent California legislation identifies your disaster for the special carryover treatment. The disaster provisions of R&TC 17207 and 24347.5 allow disaster victims to carryover 100% of the excess loss for up to

a. 15 years.
b. 10 years.
c.
5 years.
d.
None of the above.

 37. As an individual, you can calculate your disaster loss by reporting California amounts on IRS Form 4684, submitting this form with your California tax return. You will also need to attach

a. a statement with full details of your whereabouts during the disaster.
b. a statement giving the date and location of the disaster (city and country).
c.
Both A and B are correct.
d.
None of the above.

38. Your disaster loss documentation must include certain Internal Revenue Service forms. You must also attach a clearly written statement to your loss documentation that includes

a. the date of the loss.
b. the location of the disaster (city, country, and state).
c.
your decision to deduct the loss in the tax year before the year the disaster occurred, if that is what you choose to do.
d.
All of the above.

39. If your returns are lost or damaged due to disaster, FTB will replace your California returns at a nominal cost.

True False

40. Special tax rules apply to disaster losses. You can claim a disaster loss in the tax year the disaster occurred or in the tax year before the disaster occurred. The benefit to claiming your disaster loss in the prior year is that FTB can issue you a refund very quickly.

True False

 

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