Charles R. Godwin et al. - Page 42

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          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.           






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