36- - 4. April Flood With respect to the April flood damage to petitioners' home and its contents, an insurance adjuster for ABIC determined, and ABIC paid to petitioners, insurance reimbursement of $39,059.91, consisting of $27,372.91 for damage to the home and $11,687 reimbursement for damage to its contents. On their 1991 Federal income tax return petitioners claimed a loss of $143,064.34, before insurance reimbursement, for damage to their home caused by the April flood. At trial, they reduced the claimed loss to $99,383.28, before insurance reimbursement, consisting of a $79,863.28 loss claimed for damage to their home and a $19,520 loss claimed for damage to its contents. Respondent contends that petitioners have failed to establish that the amount of the April 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 personal property before and after the April 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 April flood. Petitioners calculated the $79,863.28 claimed loss to their home by totaling the amount they claim to have spent repairing their home as a result of the April flood. Their evidence does not substantiate the amount claimed. The total amount of aPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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