- 42 - value immediately before and after the casualty. Sec. 1.165-7(b)(1), Income Tax Regs. Petitioners’ only evidence in support of the amounts of the claimed losses was petitioners’ self-serving estimates of the decrease in fair market values of their properties. Petitioners introduced no documentary evidence or expert testimony, such as an appraisal from a competent professional, to ascertain the difference in fair market values of the Atmore residence or beach lot before and after the natural disasters. See sec. 1.165- 7(a)(2)(i), Income Tax Regs. Petitioners failed to introduce into evidence the assessor’s appraisal of the Atmore residence that they claim was consistent with their estimate of the decrease in the fair market value of the Atmore residence after the 1997 earthquakes, even though the Court held the record open for 30 days to allow them to do so. Petitioners’ failure to introduce the assessor’s appraisal within their possession and which, if true, would be favorable to them, gives rise to the presumption that if produced, the assessor’s appraisal would be unfavorable. See Wichita Terminal Elevator Co. v. Commissioner, supra. Although an owner of property is competent to testify regarding its value, the weight of such testimony is affected by the owner’s knowledge of circumstances which affect value. Neff v. Kehoe, 708 F.2d 639, 644 (11th Cir. 1983); J & H Auto Trim Co.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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