- 7 - that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and the taxpayer must be able to point to an applicable statute to show that a claimed deduction comes within its terms. Interstate Transit Lines v. Commissioner, 319 U.S. 590 (1943). Section 170(a) allows as a deduction, subject to the percentage limitations of section 170(b), any charitable contribution as defined in section 170(c). Section 170(c) provides, in part, that the term "charitable contribution" means a contribution to or for the use of "a corporation, trust, or community chest, fund, or foundation * * * organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes * * * no part of the net earnings of which inures to the benefit of any private shareholder or individual." Petitioners have not satisfied their burden of establishing that the Cantare Chorale singers was an organization exempt under section 501(c), such that contributions thereto would be deductible under section 170(a). Section 1.501(c)(3)-1(b)(1), Income Tax Regs., provides generally that an organization is organized exclusively for one or more exempt purposes only if the "articles of organization" (a) limit the purposes of such organization to one or more exempt purposes, and (b) do not expressly empower the organization toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011