Dudley Joseph and Myrna Dupuy Callahan - Page 20

                                       - 20 -                                         
          determined that this amount was paid for State sales taxes and              
          disallowed the deduction in full on the grounds that State sales            
          taxes are not deductible.                                                   
               Prior to 1986, section 164(a)(4) allowed a deduction for               
          State and local general sales taxes paid or accrued within the              
          taxable year.  Section 164(a)(4) was repealed by section                    
          134(a)(1) of The Tax Reform Act of 1986, Pub. L. 99-514, 100                
          Stat. 2116.  Petitioners offered no evidence that the $1,964 they           
          deducted for "other taxes" represented anything other than State            
          sales taxes.  In fact, petitioners state in their posttrial                 
          memorandum that the "other taxes" were State sales taxes on                 
          personal property.  Respondent is sustained on this issue.                  
          6.   Charitable Contributions                                               
               On their 1990 Schedule A, Form 1040, petitioners claimed               
          charitable contributions in the amount of $4,342.  Respondent               
          disallowed $126 of this amount for lack of substantiation.                  
               Section 170 allows a deduction for charitable contributions            
          subject to certain limitations.  If a taxpayer makes a cash                 
          contribution, the taxpayer in the absence of a canceled check or            
          receipt from the donee must maintain other reliable written                 
          records showing the name of each charity, and the date and the              
          amount of each contribution.  Sec. 1.170A-13(a)(1)(iii), Income             
          Tax Regs.                                                                   
               Petitioners offered no evidence to substantiate their                  
          charitable contributions apart from the photocopies of hundreds             




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011