- 12 - contributions of cash, a taxpayer shall maintain for each contribution a canceled check or receipt from the donee indicating the name of the donee, the date of the contribution, and the amount of the contribution, or in the absence of a check or receipt from the donee, reliable written records showing the name of the donee, the date of the contribution, and the amount of the contribution. Sec. 1.170A-13(a)(1), Income Tax Regs. Petitioner testified that he made cash and check contributions to CASC and that he believed in tithing. Eugene Brown testified that petitioner made contributions to CASC, but could not testify as to specific dates or amounts. However, he did testify that the church maintained records pertaining to contributions, that he did not bring those records to the trial, and that petitioner did not request him to do so. Petitioner attempted to remedy this lack of evidence by attaching to his reply brief several documents purporting to verify his charitable contributions to CASC. Evidence must be submitted at trial. Documents attached to briefs and statements made therein do not constitute evidence and will not be considered by the Court. Rule 143(b); Evans v. Commissioner, 48 T.C. 704, 709 (1967), affd. per curiam 413 F.2d 1047 (9th Cir. 1969); Lombard v. Commissioner, T.C. Memo. 1994-154, affd. without published opinion 57 F.3d 1066 (4th Cir. 1995); Pauli v. Commissioner, T.C. Memo. 1984-591. According to the testimony of Art Glass, PH members are requested to donate $120 per year. Petitioner presented noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011