### Question
How is the term qualified disaster loss defined?


### Answer
The term **qualified disaster loss** is defined in *26 U.S.C. § 172* as the following:

> the lesser of—


(A) the sum of—


(i) the losses allowable under section 165 for the taxable year—


(I) attributable to a federally declared disaster (as defined in section 165(h)(3)(C)(i)) occurring before January 1, 2010, and


(II) occurring in a disaster area (as defined in section 165(h)(3)(C)(ii)), and


  

(ii) the deduction for the taxable year for qualified disaster expenses which is allowable under section 198A(a) or which would be so allowable if not otherwise treated as an expense, or


  

(B) the net operating loss for such taxable year

#### Citation:
  - *26 U.S.C. § 172*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter B-Computation of Taxable Income > PART VI-ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS**

