- 18 - to invest substantial funds in remodeling and upgrading their homes. Hence, petitioners’ difficulties are more akin to a temporary fluctuation in value, which no court has found to support a deduction under section 165(c)(3). We therefore hold that petitioners have failed to establish their entitlement to a casualty loss deduction. Respondent’s determination of a deficiency is sustained. Additionally, in light of our holding that the element of physical damage must be present, we also grant respondent’s motion in limine to exclude the report of petitioners’ expert, Randall Bell (Bell), a real estate appraiser. Bell’s report focuses on the diminution in value that can result from the stigma which attaches to crime scene property. As this information relates solely to the issue of buyer resistance, the report is irrelevant to our decision. Furthermore, we note that because Bell bases his conclusions on studies of actual murder scenes and offers no examples or statistics regarding the effect of a homicide on values of either neighboring properties or the killer’s residence, the probative worth of his report, even if admitted, would at best be minimal.Page: 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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