Brandt N. Castleton - Page 13

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         in excess of $500 for a noncash contribution, the taxpayer must              
         maintain written records that also indicate how the property was             
         acquired, and the cost or adjusted basis of the property.  Sec.              
         1.170A-13(b)(3), Income Tax Regs.  The taxpayer must establish               
         the reliability of the written records.  Sec. 1.170A-13(a)(2)(i),            
         (b)(2)(i), Income Tax Regs.                                                  
              If the taxpayer claims a deduction in excess of $5,000 for              
         noncash contributions (other than certain publicly traded                    
         securities), he must:  (1) Obtain a qualified appraisal for such             
         property;10 (2) attach a fully completed appraisal summary to the            
         tax return on which the deduction is first claimed; and (3)                  
         maintain records containing the information required in section              
         1.170A-13(b)(2)(ii), Income Tax Regs.  Sec. 1.170A-13(c)(2),                 
         Income Tax Regs.                                                             
              If the taxpayer makes a charitable contribution of money,               
         the taxpayer must maintain for each contribution either a                    


               10A qualified appraisal must be made within the proper time            
          in relation to the date of the contribution, must include the               
          information required by sec. 1.170A-13(c)(3)(ii), Income Tax                
          Regs., must not involve a prohibited appraisal fee, and must be             
          prepared, signed, and dated by a qualified appraiser.  Sec.                 
          1.170A-13(c)(3), Income Tax Regs.  In general, a qualified                  
          appraiser is an individual who either holds himself out to the              
          public as an appraiser or performs appraisals on a regular basis,           
          is qualified to make appraisals of the type of property being               
          valued, and is not a disqualified individual.  Sec. 1.170A-                 
          13(c)(5), Income Tax Regs.  Disqualified individuals include the            
          donor or taxpayer claiming the deduction for the contributed                
          property, the donee of the property, and any person employed by             
          any of the foregoing persons.  Sec. 1.170A-13(c)(5)(iv), Income             
          Tax Regs.                                                                   




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Last modified: May 25, 2011