William P. Short, Jr. and Mary E. Short - Page 7

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          purported donation of the 1988 gift land.5    Petitioners                   
          subsequently filed amended 1989 and 1990 returns, claiming                  
          charitable contribution carryforwards.                                      
               On their 1991 and 1992 Federal income tax returns, petitioners         
          carried forward charitable contribution deductions in the                   
          respective amounts of $66,741 and $103,784, in connection with the          
          purported donation of the 1988 gift land.  These are the deductions         
          at issue herein.                                                            
          Notice of Deficiency and Amended Answer                                     
               In the notice of deficiency, respondent disallowed                     
          petitioners' 1991 and 1992 charitable contribution deductions               
          because petitioners failed to establish that they had legal title           
          to the donated property.  In the amended answer, respondent                 
          alleged, among other things, that because the 1988 gift land was at         

               5    Petitioners attached the following explanation to their           
          1988 amended return:                                                        
                         The taxpayers made a gift of appreciated                     
                    real property to a charitable donee on                            
                    December 29, 1988.  At the time their 1988                        
                    return was filed, however, the taxpayers had                      
                    not been able to obtain the donee's                               
                    acknowledgment of the gift on Form 8283.  As                      
                    a result, and acting in accordance with the                       
                    substantiation requirements of Treas. Regs.                       
                    section 1.170A-13(c)(2), the taxpayers did                        
                    not claim a deduction related to the gift on                      
                    the originally filed return.  Subsequently                        
                    the taxpayers obtained the donee's                                
                    acknowledgment of the gift on Form 8283 and                       
                    now file this amended return for the purpose                      
                    of claiming the deduction as herein set                           
                    forth.                                                            





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