Humes Houston Hart - Page 12

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               We have found that petitioner was not a dealer or a trader             
          but an investor for the 1987, 1988, and 1989 years.                         
          Consequently, petitioner's losses from his stock activity were              
          capital losses.  Petitioner's entry on his 1987 return is not               
          evidence that a loss has been incurred.  See Wilkinson v.                   
          Commissioner, 71 T.C. 633, 639 (1979); Roberts v. Commissioner,             
          62 T.C. 834, 837 (1974).  Petitioner has failed to sustain his              
          burden of proving that he is entitled to an NOL deduction for               
          1988.  Consequently, respondent's disallowance is sustained.                
          4.  Charitable Contribution Deduction                                       
               We must consider whether petitioner is entitled to                     
          additional charitable contribution deductions in the amounts of             
          $500 and $750 for the 1987 and 1988 taxable years, respectively.            
          Petitioner deducted $2,000 and $1,500, respectively, for                    
          contributions made by cash or check on his 1987 and 1988 income             
          tax returns.  Respondent allowed charitable contributions of                
          $1,500 and $750 for 1987 and 1988, respectively.  Respondent                
          contends that petitioner substantiated only $25 of his charitable           
          contributions for 1987 and none for 1988.   Petitioner argues               
          that, although he does not have the canceled checks or supporting           
          documentation, the claimed amounts are deductible as they are               
          based on his estimates from past years' patterns of charitable              
          giving.                                                                     
               In general, a taxpayer is entitled to deduct charitable                
          contribution payments made during the taxable year to or for the            




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