28- - claimed loss to $105,704.87, before insurance reimbursement, consisting of $47,502.59 for damage to their home and $58,202.28 for damage to its contents. Of the $47,502.59, the amount of $11,603.75 was attributed to damage to their home, $8,398.84 to their lawn, and $27,500 to their driveway. Respondent contends that petitioners have failed to establish that the amount of the February flood loss is either the amount claimed on their 1991 return or the reduced amount claimed at trial. Petitioners failed to establish by competent appraisal the fair market value of their home and its contents before and after the February flood. It is petitioners' position that the cost to repair their home is the measure of its decrease in fair market value as a result of the damage caused by the February flood. Petitioners calculated the $47,502.59 claimed loss to their home, including their lawn and driveway, by totaling the amount they claim to have spent repairing their home as a result of the February flood. Their evidence does not substantiate the amount claimed. The total amount of the invoices and canceled checks submitted by them does not approach $47,502.59. Furthermore, the estimate of the cost to repair their driveway is not persuasive unless the repairs were actually made. Lamphere v. Commissioner, supra at 396. The estimate was made 3 years after the February flood and no repairs have been made to the driveway.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011