- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 Next
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