mrpalm wrote:

- quote -

My opinion is that an "unforseen circumstance" may include a
change in circumstances outside of the taxpayer's control.
This was.

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"mrpalm" <jpalmer[at]amerigeheights.org> wrote:

- quote -

I think it's a stretch.

--
Tom Healy, CPA
Boulder, CO
Web: http://www.tomhealycpa.com

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mrpalm wrote:

- quote -

When the IRS last issued regulations in this area, said
regulations were conspicuously silent on issues related to
troublesome neighbors, barking dogs, loud music, etc.
Perhaps they figure that obnoxious neighbors are not
"unforeseen" - rather, they are the rule! <grin> And/or
perhaps they figure that such issues can be addressed
through legal action and therefore are "resolvable" (unlike
a change of job or health condition over which you have
little control).

In any event, I think you would be taking a risk by claiming
such as an "unforeseen circumstance" because there just
isn't any "support" for doing so with respect to these kinds
of problems. On the other hand, if you accept the risk and
want to potentially become a test case, then go for it!

MTW

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Any thoughts on whether the following would qualify as an
unforseen circumstance.

Couple A purchases an upper unit condo (third story). Six
months later the neighbor below sells the bottom unit (first
and second story with stairs). New owners (Couple B)puts in
hardwood flooring throughout and onto the stairs. The
vibrations on the stairs creates substantial transfer noise
(can hear anytime someone goes up or down the stairs).
Couple A speaks with the condo developer and HOA both of
which agree that the increased transfer/vibration noise is a
direct result of the hardwood flooring being installed
(possibly installed incorrectly). HOA states that the
hardwood on the stairs is a non-compliance issue however,
they will not be able to enforce it with any certainty or
timiliness due to their procedures and fine structure (which
would be minimal to th cost of replacing the flooring on the
stairs). Does this anyway qualify for a reduced gain
exclusion?

One additional scenario, is that couple B above has had two
domestic disputes in the past month. Cops called on one.

Any thoughts. Greatly appreciated

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