- 7 - of $380. See Cohan v. Commissioner, supra. However, this amount is subject to the limitations of section 67. Issue 2. Charitable Contributions Petitioner testified that he attends church at least once every week and that he contributed $5 to $10 every Sunday. Petitioner claimed a deduction on his return for $260 for cash gifts that he made to the church that he attends. Section 170 allows a deduction for charitable contributions made during the taxable year. We find that petitioner is entitled to this deduction. See Cohan v. Commissioner, supra. Petitioner also claimed a charitable contribution deduction of $500 for some old clothes and uniforms that he donated to the Salvation Army. Where a charitable contribution is made in property other than money, section 170 allows a deduction of the fair market value of the property at the time of contribution. See sec. 1.170A-1(c)(1), Income Tax Regs. Petitioner bears the burden of proving both the fact that the contribution was made and the fair market value of the contributed property. See Rule 142(a); Zmuda v. Commissioner, 79 T.C. 714, 726 (1982), affd. 731 F.2d 1417 (9th Cir. 1984). Petitioner offered only a general description of the articles of old clothing that he donated. While we believe that petitioner actually did donate some old clothes, petitioner's testimony that the value of the clothing was $500 was vague andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011