Harry T. Cavalaris - Page 19

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          deductible as unreimbursed expenditures incurred incident to his            
          rendition of charitable services.                                           
               The phrase "or for the use of" was added after the word "to"           
          in section 170(c) by Congress to allow a deduction for gifts made           
          in trust for a charitable organization or under a similar legal             
          arrangement.  Davis v. United States, 495 U.S. 472, 485 (1990).             
          None of petitioner's expenditures were made in trust for a                  
          charitable organization or under a similar arrangement.  Thus,              
          for petitioner to prevail on his first argument, the expenditures           
          must have been made "to" a charitable organization.  In order for           
          a payment to be considered as made "to" a charity, the charity              
          must have control over the funds donated.  Davenport v.                     
          Commissioner, T.C. Memo. 1975-369.  However, a donor's assertion            
          that the charity would have spent the funds in the same manner              
          does not vest the charity with control; the charity must have the           
          ability to choose how the funds are spent.  Id.  In this regard,            
          "Charity begins where certainty in beneficiaries ends".  Thomason           
          v. Commissioner, 2 T.C. 441, 443 (1943).                                    
               Petitioner, rather than the charitable organizations,                  
          controlled the disposition of the funds expended for the meals of           
          others, the limousine, and the AHEPA conference registration                
          fees.  Further, none of these expenditures were made at the                 
          request of any of the charitable organizations.  Therefore, the             







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