John T. and Linda L. Hewitt - Page 10
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their return. Accordingly, we held that the taxpayers had
substantially complied with the requirements of the statute and
the regulations even though a separate appraisal had not been
obtained and the qualifications of the appraiser were omitted
from the appraisal summary attached to the return.
In so holding, we stated:
the essence of section 170 is to allow certain
taxpayers a charitable deduction for contributions made
to certain organizations. * * * However, the reporting
requirements [of section 1.170A-13, Income Tax Regs.,]
do not relate to the substance or essence of whether or
not a charitable contribution was actually made. * * *
[Bond v. Commissioner, 100 T.C. at 41.]
As a consequence, we concluded that the reporting requirements of
section 1.170A-13, Income Tax Regs, were directory, not
mandatory, and therefore, that these requirements could be met by
substantial, rather than strict, compliance. Bond v.
Commissioner, 100 T.C. at 41. In effect, we held that the
appraisal summary itself constituted the required appraisal. In
this connection, we note that the appraisal requirements may not
be entirely procedural so as to justify the application of the
substantial compliance rules under any and all circumstances.
See Atlantic Veneer Corp. v. Commissioner, 812 F.2d 158, 160-161
(4th Cir. 1987), affg. 85 T.C. 1075 (1985).
We find nothing in Bond v. Commissioner, supra, which
relieves petitioners of the requirement of obtaining a qualified
v. Commissioner, 100 T.C. 32, 41-42 (1993).
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