Trinity Meadows Raceway, Inc., Jack M. Lenavitt, A Person Other Than The Tax Matters Person - Page 12

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          in the value of that asset on account of the flood.  Trinity may            
          not deduct a diminution in the value of undamaged property, even            
          if that diminution is indirectly related to the damage caused to            
          other property.  See Thornton v. Commissioner, 47 T.C. 1, 6                 
          (1966).  Petitioner has not proven the diminution in value of the           
          Property as a whole, let alone the diminution in value of any of            
          the separate parts thereof.3                                                
               We hold for respondent.  To the extent that petitioner                 
          argues for a contrary holding, we have considered all his                   
          arguments and, to the extent not discussed above, find them to be           
          irrelevant or without merit.                                                
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             for respondent.                          












          3 In this regard, we are unpersuaded by the testimony of                    
          petitioner's expert on the diminution in the value of the                   
          Property as a whole.  We are not required to adopt that                     
          testimony, Helvering v. National Grocery Co., 304 U.S. 282, 294-            
          295 (1938), and we do not.                                                  




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