Gerald and Kathleen Chamales - Page 15




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          Pulvers v. Commissioner, supra, stated:  “Section 165 of the IRC            
          covers only casualty losses arising from physical damage caused             
          by one of the enumerated casualties or by other, similar                    
          casualties”, and the Court of Appeals affirmed.                             
               In Caan v. United States, 83 AFTR 2d 99-1640, 99-1 USTC par.           
          50,349 (C.D. Cal. 1999), the District Court dismissed for failure           
          to state a claim the complaint of taxpayers alleging facts nearly           
          identical to those at issue here.  The Caans, residents of                  
          Brentwood Park, argued that they were entitled to a section                 
          165(c)(3) casualty loss deduction for the decline in market value           
          and permanent buyer resistance to which they asserted their                 
          property became subject as a result of the “‘O.J. Simpson double            
          murders’”.  Id. at 99-1641 n.2, 99-1 USTC par. 50,349, at 87,829            
          n.2.  The court, however, reiterated that “the Ninth Circuit only           
          recognizes casualty losses arising from physical damage caused by           
          enumerated or other similar casualties” and held that “Because              
          the Caans have not alleged any physical damage to their property            
          due to the murders and subsequent media frenzy, they have not               
          alleged a casualty loss that is a proper basis for a deduction.”            
          Id. at 99-1641, 99-1 USTC par. 50,349, at 87,829.                           
               Given the above decisions, we conclude that petitioners here           
          have failed to establish that their claimed casualty loss is of a           
          type recognized as deductible for purposes of section 165(c)(3).            
          They have not proven the extent to which their property suffered            






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