Eddie Mills, Jr. - Page 10




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               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 by            





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