Gerald D. and Catherine Leibowitz - Page 21

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          3.  Petitioners' Valuation and Charitable Contribution Deductions           
               Petitioners used the services of an income tax return                  
          preparer to prepare their 1985 income tax return.  Petitioners              
          requested and obtained extensions to file until October 15, 1986.           
          The return was filed on October 13, 1986.  At the behest of their           
          income tax return preparer, petitioners obtained two appraisals             
          of the collection, one from Sigmund Rothschild and another from             
          F. Peter Rose.  The latter appraisal, for $188,085, was used as             
          the basis for a charitable contribution reported in petitioners'            
          1985 joint tax return.  A copy of the report of that appraisal              
          was attached to the return.  The amount of the charitable                   
          contribution shown on the 1985 return was large enough to create            
          a claimed carryover into succeeding tax years through 1990.                 
               Petitioners claimed that carryover in their 1986 through               
          1988 joint income tax returns.4  The parties executed a series of           


               4 Petitioners' charitable contribution deductions shown on             
          their returns for the years at issue were as follows:                       
                   Taxable    Beginning     Charitable     Amount of                  
                    Year      Balance    Deduction Claimed Carryover                  
                    1985      $188,085       $20,885       $167,200                   
                    1986      167,200        20,808        146,392                    
                    1987      146,392        21,763        124,629                    
                    1988      124,629        21,859        102,770                    
               Except for an additional $162 not at issue, the charitable             
          contribution deduction claimed for each year in issue is also the           
          adjustment to income that formed the basis for the underpayment             
          determined by respondent in the statutory notice of deficiency              
                                                             (continued...)           




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