John Edward Kerrigan and Joan Marie Kerrigan - Page 5

                                                - 5 -                                                  
            Helvering, 290 U.S. 111, 115 (1933).  Section 162(a) allows                                
            taxpayers a deduction for "all the ordinary and necessary                                  
            expenses paid or incurred during the taxable year in carrying on                           
            any trade or business".  In order to be deductible, however, the                           
            expenses must be "directly connected with or pertaining to the                             
            taxpayer's trade or business".  Sec. 1.162-1(a), Income Tax Regs.                          
                  For convenience, we will combine our findings of fact and                            
            opinion with respect to the items which remain in issue.                                   

            Charitable Contributions                                                                   

                  Subject to limitation, section 170 permits a deduction for                           
            charitable contributions paid within the taxable year.  Sec.                               
            170(a) and (b).  Petitioners claimed charitable contributions on                           
            their 1985 Federal income tax return in the amount of $6,364.                              
            This amount consisted of noncash contributions of $4,184 and cash                          
            contributions of $2,180.  Respondent allowed the noncash                                   
            contributions in full, but denied $1,127 of the cash                                       
            contributions because of a lack of adequate substantiation.                                
                  At trial, petitioners produced four canceled checks totaling                         
            $402.50.  Three of these checks were made payable to a "Christmas                          
            Bazaar".  Petitioners failed to offer any testimony to                                     
            demonstrate that these expenditures were charitable                                        
            contributions.  The fourth check was made payable to the Lupus                             
            Foundation in the amount of $100.  The Commissioner has                                    
            recognized the Lupus Foundation as a charitable organization                               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011