- 31 - Appliances and carpeting are worth much less after 7 years than after 1 year. For a few items that had lost value before the earthquake, petitioner deducted cost rather than the fair market value. She did not consider depreciation in estimating the precasualty fair market value of her clothes that were damaged. Petitioner had some items repaired that had been damaged by the earthquake, such as the buffet server and the dining room table and chairs. If a taxpayer has repaired property damaged by a casualty, the cost of repairs may be a better measure of the loss than an appraisal. Clapp v. Commissioner, 321 F.2d 12 (9th Cir. 1963), affg. 36 T.C. 905 (1961); Pfalzgraf v. Commissioner, 67 T.C. at 791; Keith v. Commissioner, 52 T.C. 41, 49 (1969). Petitioner incorrectly used a diminution in value method rather than the actual repair cost to measure her loss for these items. Petitioner claims that things fell on and scratched her refrigerator and stove. She also claims that heavy things fell on and bent and scratched her knives and forks. We think petitioner overestimated the extent of damage to these items. We are not convinced that the earthquake extensively damaged her refrigerator, oven, blender, electric iron, kitchen sink, ladder, utensils, telephone, rack, and all clocks, or that it destroyed napkins, tablecloths, towels, and a bath mat. We are not convinced that she lost $520 of canned goods, $4,000 of plumbing fixtures, 400 pieces of china, and 122 pieces of stemware.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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