Jane B. Oliver and Robert P. Oliver - Page 32

                                         32-  -                                        
          casualty based on Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d           
          Cir. 1930).  To the contrary, respondent contends that the Cohan            
          approximation rule is inapplicable because petitioners have not             
          shown they had casualty losses in excess of their insurance                 
          reimbursement and because their inexactitude in substantiating              
          their claimed casualty losses is of their own making.  We agree             
          with respondent and decline to apply the Cohan rule in these                
          circumstances.                                                              
               It is impossible to determine the total amount of insurance            
          reimbursement received by petitioners as a result of the February           
          flood.  We know they received reimbursement from ABIC for the               
          damage to their home and its contents in the amounts of                     
          $26,698.61 and $53,279.50, respectively, as a result of the                 
          February flood.  But, in addition, they received two checks, one            
          for the damage to their home and one for the damage to its                  
          contents, in undisclosed amounts and from an undisclosed                    
          insurance company, as reimbursement for the damage caused by the            
          February flood.  However, they apparently received no insurance             
          reimbursement for the damage to their lawn and driveway.  As to             
          the lawn, the loss claimed by petitioners was determined by                 
          totaling the amounts they spent on the lawn before the flood,               
          and, of course, that proved neither the fair market value of the            
          lawn before the flood nor its fair market value after the flood.            
          And, with respect to the driveway, as previously indicated, no              
          repairs were made.                                                          




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