18.1 Sudden Event Test for Casualty Losses

To be a deductible casualty loss, property must be damaged or destroyed as the result of a sudden, unexpected, or unusual event. A sudden event is one that is swift, not gradual or progressive. An unexpected event is one that is ordinarily unanticipated and unintended. An unusual event is one that is not a day-to-day occurrence and that is not typical of the activity in which you were engaged. Chance or a natural phenomenon must be present. Examples include earthquakes, hurricanes, tornadoes, floods, severe storms, landslides, and fires. Loss due to vandalism during riots or civil disorders also is treated as a casualty loss. Damage to your car from an accident is generally deductible (18.7). Courts have allowed deductions for other types of accidents; see Example 2 below. The requirement of suddenness is designed to bar deductions for damage caused by a natural action such as erosion, corrosion, and termite infestation occurring over a period of time.

The IRS and the courts have generally disallowed casualty deductions based on a loss in property value due to permanent buyer resistance rather than actual physical damage; see Examples 4 and 5 below.

EXAMPLES
1. A homeowner claimed a loss for water damage to wallpaper and plaster. The water entered through the window frame. The loss was disallowed. He gave no evidence that the damage came from a sudden or destructive force, such as a storm. The damage may have been caused by progressive ...

Get J.K. Lasser's Your Income Tax 2013: For Preparing Your 2012 Tax Return now with the O’Reilly learning platform.

O’Reilly members experience books, live events, courses curated by job role, and more from O’Reilly and nearly 200 top publishers.