Legal Opinion · Dissent
George W. Finkbohner, Jr. And Beverly R. Finkbohner v. United States
Court of Appeals for the Eleventh Circuit
Decided May 6, 1986No. 85-7217Published
1DissentHatchett, Circuit Judge
Conner v. United States, 439 F.2d 974 (5th Cir.1971), on which the majority relies, has no bearing on this case. Conner holds that the Internal Revenue Service may not limit a fire loss tax deduction to cost of restoration rather than the difference in fair market value before and after the fire. Conner does not address the issue present*728ed in this case: what factors may be used to calculate fair market value.
I would hold that a decline in fair market value due to buyer resistance because of fear of a recurrence of flooding is not a permanent loss. The decline in fair market value must be…
2Cases cited6 opinions
- The Citizens Bank of Weston v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1958
- Harvey and Florence Pulvers v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1969
- George E. Conner and Dorothy P. Conner v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Charles W. P. Kamanski and Robin Kamanski v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1973
- Lettie Pate Whitehead Foundation, Inc., Cross-Appellant v. United States of America, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979
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