- 14 - 2 Petitioner offered no written substantiation or detailed testimony with respect to these items. Section 170(a) allows as a deduction any charitable contribution which is made within the taxable year. A charitable contribution is a contribution or gift for the use of an organization described in section 170(c). If the contribution is made in property other than money, the amount of the contribution is the fair market value of the property. Sec. 1.170A-1(c)(1), Income Tax Regs. A taxpayer making a charitable contribution is required to keep a canceled check, a receipt from the donee organization, or some other reliable written record showing the name of the donee, the date of the contribution, and the amount of the contribution. Cavalaris v. Commissioner, T.C. Memo. 1996-308; sec. 1.170A- 13(a)(1), Income Tax Regs. The reliability of a written record is to be determined on the basis of all the facts and circumstances of a particular case. Sec. 1.170A-13(a)(2)(i), Income Tax Regs. Factors indicating that a written record is reliable include the contemporaneous nature of the writing and the regularity of the taxpayer's recordkeeping procedure. Id. With respect to the claimed charitable contributions listed above as "unspecified", petitioner has offered no reliable written records or testimony. Similarly, with respect to the claimed contributions of property, petitioner has offered no reliable written records or testimony to establish that she isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011