- 15 - 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 sufferedPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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