Thursday, September 1, 2005
In a (regrettably) timely article, Francine J. Lipman (Chapman) has posted Anatomy of a Disaster Under the Internal Revenue Code, 6 Fla. Tax Rev. 955 (Dec. 2004), on SSRN. Here is part of the abstract:
This article provides a systematic primer of the tax consequences of a disaster and the relief provisions under the Internal Revenue Code. The format of the article follows a fictitious family through the tragedy of the 2003 Southern California wildfires. The events facing the family are derived from comprehensive government data, newspaper accounts and interviews of insurance agents, federal government representatives, victims of the fire and nonprofit relief workers. Through this format, the article provides a detailed outline of the many different issues facing the victims of any disaster and their tax implications. Tax issues from reimbursement for immediate shelter, food, clothing, medical treatment and other needs to longer-term requirements for replacing homes, businesses, and the multitude of lost contents are carefully explained and exemplified. While the article follows the California wildfires from the first day of the fires through the rebuilding process, the tax issues analyzed apply to any U.S. disaster, including hurricanes, tornadoes, earthquakes, and terrorism.