Robin E. Schmidt, a.k.a. Robin E. Tripaldi - Page 9




                                        - 8 -                                         
          repairs’ method to be used to ascertain the amount of the loss,             
          the repairs and expenditures were actually made * * *  The use of           
          estimates has not been regarded as persuasive.”  Id. at 719; cf.            
          Clapp v. Commissioner, 36 T.C. 905, 908 (1961), affd. 321 F.2d 12           
          (9th Cir. 1963); Harmon v. Commissioner, 13 T.C. 373, 382-383               
          (1949).  Like the taxpayer in Farber, petitioner did not provide            
          the actual costs she incurred in repairing the condominium during           
          1995 because no repairs were made.  Rather, the only evidence               
          submitted is the estimated cost of repair list compiled by State            
          Farm.  Accordingly, we find that petitioner failed to                       
          substantiate the claimed casualty loss deduction by the cost of             
          repair method of valuation.                                                 
               Petitioner may use the decrease in fair market valuation               
          method to calculate the casualty loss; however, we have only                
          sparse testimony from petitioner and Mr. Tripaldi as to the value           
          of the condominium before or immediately after the Northridge               
          earthquake.  Petitioner did not provide expert testimony,                   
          appraisal reports, or other documents to corroborate her basis              
          for the fair market value.  See sec. 1.165-7(a)(2), Income Tax              
          Regs.  It is well settled that we are not required to accept a              
          taxpayer’s self-serving testimony in the absence of corroborating           
          evidence.  Niedringhaus v. Commissioner, 99 T.C. 202, 212 (1992).           
               Finally, we note that petitioner does not argue that her               
          out-of-pocket costs for actual repairs due to damage from the               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011