Gerald and Kathleen Chamales - Page 17




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          maintained as permanent open space.  See id. at 724.  Such                  
          irreversible changes in the character of the neighborhood were              
          found to effect a permanent devaluation and to constitute a                 
          casualty within the meaning of section 165(c)(3).  See id. at               
          727.                                                                        
               However, as explicated above, this Court has long                      
          consistently held that an essential element of a deductible                 
          casualty loss is physical damage or, in some cases, physically              
          necessitated abandonment.  Furthermore, under the rule set forth            
          in Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445           
          F.2d 985 (10th Cir. 1971), we are in any event constrained to               
          apply the law of the court in which an appeal would normally lie.           
          Since the Court of Appeals for the Ninth Circuit has adopted and            
          has not diverged from a requirement of physical damage for a                
          section 165(c)(3) deduction, to hold otherwise would contravene             
          Golsen.                                                                     
               Moreover, we further note that petitioners’ circumstances do           
          not reflect the type of permanent devaluation or buyer resistance           
          which would be analogous to that held deductible in Finkbohner v.           
          United States, supra.  The evidence in the instant case reveals             
          that media and onlooker attention has in fact lessened                      
          significantly over the years following the murders.  Access to              
          petitioners’ property is no longer restricted by media equipment            
          or police barricades.  Residents of Brentwood Park have continued           






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