- 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.Page: 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