Arlan L. Rower and Sandra M. Howard - Page 21

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          ately before the casualty.  Sec. 1.165-7(a)(2)(ii), Income Tax              
          Regs.                                                                       
               In order to substantiate their claimed casualty loss deduc-            
          tion for damage to their house from the 1994 Northridge earth-              
          quake, petitioners rely on the Berkus estimate and the Laurel               
          estimate.  Petitioners contend that the Berkus estimate, which              
          was for $15,900, shows the decrease in fair market value to                 
          petitioners' house as a result of the 1994 Northridge earthquake.           
          We disagree.  This Court has held that section 1.165-7(a)(2)(ii),           
          Income Tax Regs., "contemplates actual repairs and expenditures,            
          not just estimates", Farber v. Commissioner, 57 T.C. 714, 719               
          (1972), and that the use of estimates as evidence of the amount             
          of a casualty loss is unacceptable.  Id.; see Lamphere v. Commis-           
          sioner, 70 T.C. 391, 396 (1978).  Consequently, we shall not rely           
          on the Berkus estimate or the Laurel estimate as establishing the           
          decrease, if any, in the fair market value of petitioners' house            
          as a result of the 1994 Northridge earthquake.                              
               In order to provide further support for petitioners' claimed           
          casualty loss deduction, petitioners offered (1) a receipt from             
          Circuit City Stores, dated April 22, 1995, for the purchase of a            
          television and (2) another receipt from Circuit City Stores,                
          dated July 1, 1995, for the purchase of a television base, a                
          video cassette recorder, and a television.  Petitioners contend             







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