Martin H. Droz - Page 10

                                       - 10 -                                         

          Charitable Contribution Deduction                                           
               Section 170(a) provides that a taxpayer is entitled to a               
          deduction for any charitable contribution as defined in section             
          170(c) that is made during the taxable year.  If a charitable               
          contribution is made in property other than money, the amount of            
          the contribution is generally the fair market value of the                  
          property at the time of the contribution.  Sec. 1.170A-1(c)(1),             
          Income Tax Regs.  The fair market value of property is the price            
          at which the property would change hands between a willing buyer            
          and a willing seller, neither being under any compulsion to buy             
          or sell and both having reasonable knowledge of relevant facts.             
          Sec. 1.170A-1(c)(2), Income Tax Regs.                                       
               The parties do not dispute that petitioner contributed the             

          5(...continued)                                                             
          scope of testimony of Dr. Jamieson and Mr. Gilliam are unfounded.           
          Respondent's amendment to trial memorandum stated that Dr.                  
          Jamieson and Mr. Gilliam would testify with respect to the re-              
          spective telephone conversations that they had had with peti-               
          tioner concerning the Mark IV helmet at issue.  Dr. Jamieson and            
          Mr. Gilliam testified about what transpired during those respec-            
          tive telephone conversations, including their respective views as           
          to the fair market value of the Mark IV helmet at issue and the             
          basis for those views.  Much of the testimony about which peti-             
          tioner appears to complain was elicited by him as a result of               
          questions he asked on cross-examination and recross-examination             
          of those witnesses.                                                         
                                                                                     
          Even assuming arguendo that we were to exclude from the record              
          the testimony of respondent's witnesses, Dr. Jamieson and Mr.               
          Gilliam, that record would contain no reliable evidence from                
          which we would have been able to find that petitioner satisfied             
          his burden of showing error in respondent's determination that he           
          did not substantiate the fair market value of the Mark IV helmet            
          at issue that he claimed in his 1991 return.                                




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