Stanley Joseph Jennings - Page 10




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          Challenge, Lou Gehrig’s Disease Association,6 and American Cancer           
          Association are organizations described in section 170(c).                  
               We have allowed charitable deductions for contributions made           
          after 1982 (when section 1.170A-13(a) and (b), Income Tax Regs.,            
          applies) where certain facts were present such as contributions             
          to churches which clearly qualify under section 170(c)(2), direct           
          contributions from the taxpayers to the churches, and regular               
          attendance at and giving to the churches.  See, e.g., Fontanilla            
          v. Commissioner, T.C. Memo. 1999-156; Meeks v. Commissioner, T.C.           
          Memo. 1998-109; Drake v. Commissioner, T.C. Memo. 1997-487.                 
          Those facts are not present here.                                           
               We conclude that petitioner may not deduct any of his                  
          claimed cash contributions for the years in issue.                          
               2.   Contribution of Articles and Postage                              
               Petitioner contends that he may deduct an unspecified amount           
          for articles and $154.81 for postage during the years in issue as           
          a contribution to Topaz.  He contends that Topaz is an                      
          organization described in section 170(c)(2).  Topaz was not                 
          listed in IRS Publication 78 for the years in issue.  Petitioner            
          believed that Topaz was a charitable organization because it                
          donated the proceeds from the sale of its magazines and                     



               6  Amyotrophic Lateral Sclerosis Association, an                       
          organization that helps to find a cure for Lou Gehrig’s disease,            
          is listed in IRS Publication 78.  However, petitioner has not               
          shown that he made contributions to that organization.                      





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