- 10 - We shall examine each issue raised by respondent to determine whether respondent's position was substantially justified. See Powers v. Commissioner, 51 F.3d 34, 35 (5th Cir. 1995); Swanson v. Commissioner, supra at 102. Itemized Deductions Charitable Contributions Respondent contends that respondent's position denying petitioner's deductions for charitable contributions for lack of substantiation was substantially justified and properly maintained. Deductions for charitable contributions are allowable only to the extent verified under Treasury regulations. See sec. 170(a)(1). The applicable regulations require a taxpayer to maintain for each contribution either a canceled check, a receipt from the donee containing certain information, or other reliable written records. See sec. 1.170A-13(a)(1), Income Tax Regs. The deduction for charitable contributions is to be claimed by the person who made the contribution. See Herring v. Commissioner, 66 T.C. 308, 312 (1976). Further, it is the source of the funds that determines who made the contribution. See Clemens v. Commissioner, 8 T.C. 121, 126 (1947); Finley v. Commissioner, T.C. Memo. 1982-411, affd. without published opinion 720 F.2d 1289 (5th Cir. 1983). A taxpayer, however, is not entitled to a deduction for charitable contributions made byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011