Robert and Ella M. Tolbert - Page 7

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          loss.  Zmuda v. Commissioner, 79 T.C. 714, 727 (1982), affd. 731            
          F.2d 1417 (9th Cir. 1984).                                                  
          Charitable Contributions--1989, 1990, and 1991                              
               Respondent disallowed all claimed charitable contribution              
          deductions on petitioners' 1989, 1990, and 1991 returns.                    
          Petitioners claimed $3,490, $5,010, and $4,220 in 1989, 1990, and           
          1991, respectively, for deductions for gifts to charity.                    
               At trial, petitioners testified regarding the churches they            
          attended, the church pastors' names, and the frequency of their             
          church attendance.  Petitioners claimed that they each gave $35             
          to $40 cash on every occasion that they attended church.                    
          Petitioners' testimony was the only evidence presented.  They now           
          assert that they are entitled to deduct $2,400 per year--                   
          substantially less than they claimed on their returns.                      
               We conclude that petitioners' testimony as to the                      
          contributed amounts is not reliable.  We have found, however,               
          that petitioners attended church during the years in issue and              
          made cash contributions to the churches they attended.  We                  
          conclude that petitioners are entitled to a deduction of $500 for           
          gifts to charity in each of the years in issue.  See Cohan v.               
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).                          
          Other Deductions--1991                                                      
               In the notice of deficiency, respondent determined that                
          petitioners were entitled to deduct $9,698 of cash expenses on              
          their 1991 Schedule C.  Respondent has allowed an additional                




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