jSamuel Jacobson - Page 8




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                                       OPINION                                        
          Fair Market Value                                                           
               Section 170(a)(1) allows a deduction for charitable                    
          contributions made to an organization described in section                  
          170(c).  In general, the amount of a charitable contribution made           
          in property other than money is the fair market value of the                
          property at the time of the contribution.  See sec. 1.170A-                 
          1(c)(1), Income Tax Regs.  Fair market value is defined as “on              
          the price at which the property would change hands between a                
          willing buyer and a willing seller, neither being under any                 
          compulsion to buy or sell and both having reasonable knowledge of           
          relevant facts.”  Sec. 1.170A-1(c)(2), Income Tax Regs; United              
          States v. Cartwright, 411 U.S. 546 (1973).  Fair market value is            
          a question of fact to be determined from the entire record.  See            
          Skripak v. Commissioner, 84 T.C. 285, 320 (1985).                           
               Petitioner argues that the cumulative fair market value of             
          the contributed property in 1993 was $949,030.  Petitioner bears            
          the burden of proving a higher value than that determined by                
          respondent.  See Rule 142(a); Welch v. Helvering, 290 U.S. 111              
          (1933).  Petitioner was unable to produce canceled checks, sales            
          receipts, or other documents that substantiated the price that he           
          paid or the date that he purchased the Kesslers.  Petitioner was            
          unable to provide records substantiating the price that he paid             
          or the date that he purchased the religious articles.  At trial,            






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