Gerald and Kathleen Chamales - Page 16




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          physical damage, and their attempt to base a deduction on market            
          devaluation is contrary to existing law.                                    
               With respect to physical damage and assuming arguendo that             
          petitioners’ loss stemmed from an occurrence that could properly            
          be deemed a casualty, they would be entitled to a deduction for             
          physical harm to their property.  Nonetheless, although                     
          petitioners attached to their return a list of minor instances of           
          physical damage and mentioned several other items at trial, they            
          have neither offered evidence of the monetary value of nor                  
          provided any substantiation for such losses.  We therefore have             
          no basis for determining what, if any, portion of the claimed               
          deduction might be allowable, and we cannot sustain a $751,427              
          deduction on the grounds of damage to a lawn or a sprinkler                 
          system.                                                                     
               As regards decrease in property value, petitioners’ efforts            
          to circumvent the established precedent repeatedly rejecting                
          deductions premised on market fluctuation, through reliance on              
          Finkbohner v. United States, 788 F.2d 723 (11th Cir. 1986), are             
          misplaced.  In Finkbohner v. United States, supra at 727, the               
          Court of Appeals for the Eleventh Circuit permitted a deduction             
          based on permanent buyer resistance in absence of physical                  
          damage.  The Finkbohners lived on a cul-de-sac with 12 homes, and           
          after flooding damaged several of the houses, municipal                     
          authorities ordered 7 of the residences demolished and the lots             






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