Edward M. Fontanilla - Page 7




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          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 and              





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