- 28 - Respondent did not raise these criticisms when Hise testified at trial and thus did not give Hise a chance to respond to them. Hise is a licensed general contractor. He prepared a detailed report on the condition of petitioner’s home. His testimony appeared to be credible. We accept Hise’s report as a fair representation of the condition of petitioner’s house before the earthquake. Respondent argues that the fact that petitioner lived in her home after the earthquake but did not repair the foundation shows that she believed that the building was safe. However, respondent has not shown or even argued that a house must be uninhabitable to lose value to the extent that petitioner contends. c. Improvements to Petitioner’s Home A taxpayer must show that the repairs do not improve the property more than the damage suffered, and that the value of the property after the repairs does not, as a result of the repairs, exceed the value of the property immediately before the casualty. Sec. 1.165-7(a)(2)(ii), Income Tax Regs. Respondent points out that some of petitioner's expenses were for improvements to her home. For example, petitioner installed marble tile worth a couple of hundred dollars more than the tile that was there previously, and she upgraded some fixtures and door hardware.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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