Jane B. Oliver and Robert P. Oliver - Page 33

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               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 least             






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