33- - Petitioners received $53,279.50 insurance reimbursement for the damage to the contents of their home, based on the insurance adjuster's worksheet, which estimated the cost to replace their personal property, less depreciation and salvage value. Petitioners have not proven that they sustained a loss of any greater amount. In sum, based on the evidence in this record, we hold that petitioners failed to prove that the damage to their home and personal property exceeded the amount of insurance reimbursement they received from ABIC as a result of the February flood. 2. Casualty Gain From February Flood Respondent argues that petitioners received insurance reimbursement in excess of their sustained loss in the February flood, and thus improperly failed to report a casualty gain for 1991. Petitioners offered no evidence to prove that the amount of their casualty loss was not exceeded by the amount of insurance reimbursement received by them as a result of the February flood. Respondent, on the other hand, established that petitioners received insurance reimbursement, in excess of the $79,458.11 disclosed by them, in an undisclosed amount from an undisclosed insurance company as reimbursement for the damage caused by the February flood. Respondent determined in the notice of deficiency that the insurance reimbursement exceeded petitioners' sustained loss from the February flood by at leastPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011