Stanley Joseph Jennings - Page 11




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          newspapers to the American Negro College Fund and provided other            
          scholarships and grants.  That does not convince us that Topaz is           
          an organization described in section 170(c)(2).                             
               Petitioner points out that he gave respondent the telephone            
          number for Topaz’s chief executive officer and contends that                
          respondent should have verified Topaz’s status.  We disagree.               
          Petitioner bears the burden of proof.  See Rule 142(a).                     
               To be eligible for a charitable deduction for the articles,            
          petitioner must, among other requirements, establish the fair               
          market value of the articles at the time of the contribution and            
          show the method he used to estimate the value.  See sec. 1.170A-            
          13(b)(2)(ii), Income Tax Regs.  Petitioner did not offer any                
          evidence of the fair market value of the articles.  Petitioner              
          said that Topaz’s chief executive officer offered to pay him the            
          going rate, but he did not say how much that was.  We conclude              
          that petitioner may not deduct any amount for the articles that             
          he gave to Topaz in the years in issue.                                     
               3.   Excess Charitable Contributions Carried Over From Prior           
                    Years                                                             
               Petitioner testified that he made charitable contributions             
          from 1977 to 1993 totaling more than $40,000 which he did not               
          deduct on any of the tax returns he filed before his 1994 return.           
          He deducted $34,100.30 in 1994, $23,610.40 in 1995, and                     
          $24,510.70 in 1996 as excess charitable contributions carried               
          over from prior years.                                                      





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