David Daniel and Annette Daniel - Page 7

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                  Respondent's determinations in the statutory notice of                                 
            deficiency are presumed to be correct, and petitioners bear the                              
            burden of proving otherwise.  Rule 142(a); Welch v. Helvering,                               
            290 U.S. 111, 115 (1933).  Moreover, deductions are strictly a                               
            matter of legislative grace, and petitioners bear the burden of                              
            proving their entitlement to any deductions claimed.  Rule                                   
            142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992);                               
            New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                                 
                  The first issue for decision is whether petitioners are                                
            entitled to charitable contribution deductions for 1991 and 1992                             
            in excess of the amounts allowed by respondent.  Petitioners                                 
            claimed charitable contribution deductions in the amounts of                                 
            $11,101 and $12,000 on their 1991 and 1992 returns, respectively.                            
            In the statutory notice of deficiency, respondent disallowed                                 
            $9,139 and $9,888 of these claimed amounts, respectively.                                    
                  Petitioners argue on brief that they are entitled to                                   
            deductions for the following charitable contributions that have                              
            not been allowed by respondent:                                                              
                                                        1991         1992                                
                  Penrith Church (Cash)                $3,000      $3,000                                
                  Penrith Church (Goods)               2,998       4,004                                 
                  Senior Women's Ministries            808         792                                   
                  Vietnam Veterans of America           2,270        2,400                               
                  Total                                9,076       10,196                                









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