Jane B. Oliver and Robert P. Oliver - Page 28

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          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.                        






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