Alonzo Bradley and Emma J. Bradley - Page 11

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          petitioners have failed to prove that they maintained reliable              
          written records for the $4,435 deduction for charitable                     
          contributions to Brentwood.2                                                
               The cases cited by petitioners are inapposite.  In                     
          Vieselmeyer v. Commissioner, T.C. Memo. 1978-315, the taxpayers             
          established entitlement to a charitable contribution deduction              
          based on notations recorded on a desk calendar.  However, the               
          taxable year involved there was 1972, well before the effective             
          date of section 1.170A-13(a), Income Tax Regs.  In Burns v.                 
          Commissioner, T.C. Memo. 1988-536, the taxpayer established                 
          entitlement to a charitable contribution deduction based on                 
          notations recorded on a kitchen calendar.  However, although the            
          taxable year involved was 1984, the Commissioner did not raise              
          the issue of compliance with the requirements of section 1.170A-            
          13(a)(1), Income Tax Regs.  Consequently, we declined to rule on            
          whether the calendar notations constituted reliable written                 
          records.                                                                    
          3.  Section 6651(a)(1) Addition to Tax for Failure to File Timely           
               Section 6651(a)(1) provides for an addition to tax of 5                
          percent of the tax required to be shown on the return for each              
          month or fraction thereof for which there is a failure to file,             

               2In the notice of deficiency, respondent disallowed for lack           
          of substantiation all but $5 of the $4,640 that petitioners                 
          claimed as a charitable contribution deduction.  However, on                
          brief and at trial respondent's argument is limited to the $4,435           
          deduction for charitable contributions to Brentwood.                        
          Accordingly, we conclude that respondent has conceded the                   
          deduction in the amount of $205.  See Rybak v. Commissioner, 91             
          T.C. 524, 566 n.19 (1988).                                                  


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