Dieter Stussy - Page 5

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          split-interest trust upon its first amendment.  Petitioner                  
          contends that the Trust was a split-interest trust at the time of           
          the contribution, which, in turn, according to his argument,                
          means that the tax benefit of the Trust's charitable contribution           
          passed through to him.                                                      
               We agree with respondent.2  Deductions are a matter of                 
          legislative grace, INDOPCO, Inc. v. Commissioner, 503 U.S. 79,              
          84 (1992), and petitioner must establish his entitlement to                 
          deduct the charitable contributions at issue herein, Rule 142(a);           
          New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                
          Although section 170 generally allows a taxpayer to deduct                  
          charitable contributions, such an allowance is subject to certain           
          limitations.  One of these limitations is that the taxpayer must            
          have made the contribution.  Herring v. Commissioner, 66 T.C.               
          308, 312 (1976); see Manning v. Commissioner, T.C. Memo.                    
          1993-127; see also Wilson v. Commissioner, a Memorandum Opinion             
          of this Court dated Feb. 21, 1952.  Petitioner did not make the             



          2 At the outset, we note that petitioner argues that the                    
          period of limitation under sec. 6501 has expired on the instant             
          years.  We disagree.  The notice of deficiency was issued on                
          July 17, 1995, which is within the 3-year period set forth in               
          sec. 6501(a).  Although the charitable contribution from which              
          the carryover arose was outside of this 3-year period, sec. 6501            
          does not foreclose the Court from looking to a closed year to               
          redetermine petitioner's tax liability for the instant years.               
          See Barenholtz v. United States, 784 F.2d 375, 380-381 (Fed. Cir.           
          1986); see also Angell v. Commissioner, T.C. Memo. 1986-528,                
          affd. without published opinion 861 F.2d 723 (7th Cir. 1988).               




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