Not all damage to trees and shrubs qualifies as a casualty loss. The damage must be occasioned by a sudden event (18.1). Destruction of trees over a period of 5–10 days by southern pine beetles is deductible. One court allowed a deduction for similar destruction over a 30-day period. However, damage by Dutch Elm disease or lethal yellowing disease has been held to be gradual destruction not qualifying as a casualty loss. The Tax Court has allowed a deduction for the cost of removing infested trees, but denied a deduction for the loss of trees after a horse ate the bark.
If shrubbery and trees on personal-use property are damaged by a sudden casualty, you figure the loss on the value of the entire property before and after the casualty. You treat the buildings, land, and shrubs as one complete unit; see Example 2 below.
In fixing the loss on business or income-producing property, however, shrubs and trees are valued separately from the building; see Example 1 below.
Value of building immediately before casualty | $80,000 |
Less: Value immediately after casualty | 52,000 |
Loss in value | $28,000 |
Less: Insurance received | 15,000 |
Deduction allowed for building | $13,000 |
Adjusted basis for trees and shrubs | $1,200 |
Value of trees and shrubs immediately before casualty | 2,000 |
Less: Value of trees immediately after casualty | 400 |
Loss in value | $1,600 |
Deduction allowed: Lesser of loss in value or adjusted basis | $1,200 |
Value of property immediately before casualty | $100,000 | |
Less: Value of property immediately after casualty | 70,400 | |
Loss in value | $29,600 | |
Less: Insurance received | $15,000 | |
10% floor ($7,500) and $100 floor (18.12) | 7,600 | 22,600 |
Deduction allowed | $7,000 |
13.58.114.29