The Internal Revenue Service today issued guidance providing relief to homeowners who have suffered property losses due to the effects of certain imported drywall installed in homes between 2001 and 2009.
Revenue Procedure 2010-36 enables affected taxpayers to treat damages from corrosive drywall as a casualty loss and provides a ”safe harbor” formula for determining the amount of the loss.
In numerous instances, homeowners with certain imported drywall have reported blackening or corrosion of copper electrical wiring and copper components of household appliances, as well as the presence of sulfur gas odors. In November 2009, the Consumer Product Safety Commission (CPSC) reported that an indoor air study of a sample of 51 homes found a strong association between the problem drywall, levels of hydrogen sulfide in those homes and corrosion of metals in those homes.
Revenue Procedure 2010-36 provides the following relief:
- Individuals who pay to repair damage to their personal residences or household appliances resulting from corrosive drywall may treat the amount paid as a casualty loss in the year of payment.
- Taxpayers who have already filed their income tax return for the year of payment generally have three years to file an amended return and claim the deduction. The amount of a loss that may be claimed depends on whether the taxpayer has a pending claim for reimbursement (or intends to pursue reimbursement) of the loss through property insurance, litigation or otherwise.
- In cases where a taxpayer does not have a pending claim for reimbursement, the taxpayer may claim as a loss all unreimbursed amounts paid during the taxable year to repair damage to the taxpayer’s personal residence and household appliances resulting from corrosive drywall.
- If a taxpayer does have a pending claim (or intends to pursue reimbursement), a taxpayer may claim a loss for 75 percent of the unreimbursed amount paid during the taxable year to repair damage to the taxpayer’s personal residence and household appliances that resulted from corrosive drywall.
A taxpayer who has been fully reimbursed before filing a return for the year the loss was sustained may not claim a loss. A taxpayer who has a pending claim for reimbursement (or intends to pursue reimbursement) may have income or an additional deduction in subsequent taxable years depending on the actual amount of reimbursement received.
For purposes of this revenue procedure, the term “corrosive drywall” means drywall that is identified as problem drywall under the two step identification method published by the CPSC and the Department of Housing and Urban Development in their interim guidance dated January 28, 2010.
Further details and limitations can be found in Revenue Procedure 2010-36 on IRS.gov.
NWREporter November 2010


“Wise Buyers” Taking Advantage of Chance to Get Stellar Homes
KIRKLAND, WA, October 5, 2010 – Home sales remained subpar around most of Washington during September, but directors from Northwest Multiple Listing Service say they are encouraged by some positive signs.
“It’s a slow recovery, but it’s trending in the right direction,” said Joe Spencer, president and COO of John L. Scott Real Estate and a member of the NWMLS board of directors.
Among positive indicators the directors cited were pending sales (“starting to show signs of life”), month’s supply of inventory (pointing toward a more balanced market), stabilizing prices (with more homes being priced competitively), the market adjusting to no more tax credits, and strong sales of “specialty homes.”
Northwest MLS members reported 5,741 pending sales during September across the 21 counties in its service area. That’s a drop from August (down 4.9 percent) and from the same month a year ago (a decline of 24.3 percent), but an improvement on the total number of mutually accepted offers for May, June and July.
MLS director Pat Grimm, managing broker at Windermere RE/Capitol Hill in Seattle, reports an upsurge in people looking at properties, particularly move-up buyers. He attributes some of that activity to homes “finally being priced competitively.” The new pool of potential buyers are “getting their feet wet, but they’re taking their time before they jump in,” he commented.
Prospective buyers have plenty of choices across the price spectrum. MLS members added 9,038 new listings to inventory during September, bringing the total selection to 42,153 active listings.
Spencer, of John L. Scott Real Estate, said he is encouraged by the month’s supply of inventory at the end of September. “The three-county area of King, Snohomish, and Pierce are reporting about six months of inventory, which is a positive indicator based on the last 30 years of market data.” Historically, the MLS director noted, this points to a more balanced market and stabilizing home prices. “That’s not to say we should expect prices to increase right away, but it’s a positive sign nonetheless, especially when you consider that the national supply of inventory is more than 11 months,” Spencer stated.
“There are many very wise buyers taking advantage of what may be a once-in-a-lifetime opportunity,” said Mike Skahen, whose real estate career spans nearly 30 years. “We haven’t seen a summer like this in home sales since 1982 when interest rates were hovering around 16 percent,” he observed.
Skahen, the owner and designated broker at Lake & Company Real Estate in Seattle and a member of the NWMLS board of directors, said the buyers they’re seeing have good jobs with Google and Amazon. “They realize they have the chance to get stellar homes in great locations at 25 percent off what they were selling for three years ago and at interest rates approaching 4 percent. I doubt you’ll see a market and selection better than right now,” he commented.
Skahen said his office just had a $600,000 Green Lake mid-century home sell with four competing offers, and his company was one of three brokerages that presented offers on a $770,000 Ravenna listing, but they were outbid.
“Buyers are snapping up homes in all price ranges that are well located, in good condition, and that are priced fairly,” Skahen reported.
NWMLS members reported 3,997 closed sales during September, down from the same month a year ago, when members notched 5,132 completed transactions. Year-to-date, the volume is up about 9.8 percent from the first nine months of 2009 (40,318 closings through Sept. 2010 versus 36,714 closed sales through Sept. 2009).
Last month’s closed sales of single family homes and condominiums (combined) had a median price of $257,600. That’s down about 5.6 percent from the year-ago price (area-wide) of $273,000. Ten of the 21 counties served by NWMLS reported year-over-year price increases.
“The types of homes that are selling particularly well are specialty homes-- homes that have a unique mix of character and amenities. It can be a waterfront estate or a Craftsman cottage, but there are qualities about the home that really make it stand out. Those homes are one of a kind and they're never bought on price alone,” said OB Jacobi, general manager of Windermere Real Estate Company.
“Crazy requirements” are impeding the pace of sales, according to NWMLS director Dick Beeson, broker/owner of Windermere Commencement Associates in Tacoma. “Agents are finding it’s much more difficult to navigate the closing process than ever before. If it’s not the conditions of an inspection report, it’s the appraisal coming in off sale price or lenders reviewing and re-reviewing the buyer’s qualifications or buyers rethinking whether or not to buy,” he explained.
Looking ahead, Beeson expects the balance of the year to be “somewhat fickle,” in part because of upcoming elections and lingering uncertainty around the slow pace of the recovery.
“Sellers know they must position themselves better than their competition on all levels – price, condition, terms,” Beeson stated, while noting buyers who procrastinate risk losing purchasing power because of anticipated increases in interest rates.
“Interest rates below 5 percent are an extraordinary event, and buyers need to take advantage of them,” Beeson emphasized. A 1 percent increase in the interest rate on a $300,000 mortgage increases the monthly payment by $183, he explained, adding experts expect rate hikes. “It’s not if, it’s when,” he contended.
Northwest Multiple Listing Service, owned by its member brokers, is the largest full-service MLS in the Northwest. Its membership includes more than 24,000 brokers and agents. The organization, based in Kirkland, currently serves 21 counties in Western and Central Washington.
Statistical Summary by Counties: Market Activity Summary - September 2010
Sept 2010
Single
Family
Homes
+ Condos
LISTINGS
PENDING
SALES
CLOSED SALES
New
Listings
Total
Active
#Pending
Sales
# Closings
Average
Price
Median
Price
King
3789
13,922
2187
1467
$431,968
$349,950
Snohomish
1404
5768
895
615
$296,319
$261,353
Pierce
1355
6108
985
628
$247,080
$220,250
Kitsap
357
1904
283
213
$289,336
$240,000
Mason
115
859
58
53
$215,773
$185,000
Skagit
198
1271
113
87
$237,583
$215,000
GraysHarbor
133
1032
80
52
$152,287
$120,250
Lewis
110
873
65
34
$198,451
$170,450
Cowlitz
125
681
69
62
$170,926
$153,500
Grant
91
674
53
47
$171,691
$165,000
Thurston
432
1932
319
247
$260,034
$233,000
San Juan
30
499
17
13
$520,225
$420,000
Island
138
1081
100
74
$305,948
$254,089
Kittitas
72
577
60
48
$302,325
$233,500
Jefferson
52
613
31
25
$291,275
$240,000
Okanogan
38
452
21
16
$179,589
$171,500
Whatcom
360
2027
256
173
$294,613
$239,900
Clark
46
296
30
42
$246,186
$217,450
Pacific
40
460
38
21
$120,615
$95,000
5
57
3
4
$107,500
$115,000
67
508
31
35
$231,994
$226,000
Others
81
559
47
41
$226,459
$190,000
9,038
42,153
5,741
3,997
$324,779
$257,600
4-County Puget Sound Region Pending Sales (SFH + Condo combined)
(Totals include King, Snohomish, Pierce & Kitsap counties)
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2000
3706
4778
5903
5116
5490
5079
4928
5432
4569
4675
4126
3166
2001
4334
5056
5722
5399
5631
5568
5434
5544
4040
4387
4155
3430
2002
4293
4735
5569
5436
6131
5212
5525
6215
5394
5777
4966
4153
2003
4746
5290
6889
6837
7148
7202
7673
7135
6698
6552
4904
4454
2004
4521
6284
8073
7910
7888
8186
7583
7464
6984
6761
6228
5195
2005
5426
6833
8801
8420
8610
8896
8207
8784
7561
7157
6188
4837
2006
5275
6032
8174
7651
8411
8094
7121
7692
6216
6403
5292
4346
2007
4869
6239
7192
6974
7311
6876
6371
5580
4153
4447
3896
2975
3291
4167
4520
4624
4526
4765
4580
4584
4445
__________
Copyright © 2010
ALL RIGHTS RESERVED
This material may not be published, broadcast, rewritten or redistributed without prior permission.
Reprinted with permission of NWMLS
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