Robin E. Schmidt, a.k.a. Robin E. Tripaldi - Page 8




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               The cost of repairs may be considered if the taxpayer shows            
          that (a) the repairs are necessary to restore the property to its           
          condition immediately before the casualty, (b) the amount spent             
          for the repairs is not excessive, (c) the repairs are made only             
          to the damaged portion of the property, and (d) the repairs do              
          not cause the value of the property to exceed the value of the              
          property immediately before the casualty.  Lamphere v.                      
          Commissioner, supra at 395-396; Farber v. Commissioner, 57 T.C.             
          714, 719 (1972); sec. 1.165-7(a)(2)(ii), Income Tax Regs.                   
               We note that in the instant case the claimed casualty loss             
          is based upon the itemized repair list attached to petitioner’s             
          1995 return.  The parties stipulated that this repair list is               
          identical to the State Farm estimated repair list, dated June 20,           
          1996.  The parties further stipulated that none of the repairs              
          were actually made, nor did petitioner expend any money for the             
          repairs.  Simply put, petitioner made no repairs to her                     
          condominium unit.  According to Farber v. Commissioner, supra at            
          719, in order for a taxpayer to use the “cost of repair” method             
          of valuation, the taxpayer must first show that “actual repairs             
          and expenditures, not just estimates” were made.  We stated in              
          Farber that “in cases where this Court has permitted the ‘cost of           

               2(...continued)                                                        
               for more than the damage suffered, and (d) the value of                
               the property after the repairs does not as a result of                 
               the repairs exceed the value of the property                           
               immediately before the casualty.                                       





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