- 12 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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