Anthony W. Jorgenson and Florence A. Jorgenson - Page 20




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          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                       
               Petitioners argue that they are entitled to a $149,230                 
          deduction because (1) petitioners and the Trust had an oral                 
          agreement to operate as a partnership with regard to the St. John           
          rental property, (2) pursuant to the oral partnership agreement,            
          the partner who paid for an expense of the St. John rental                  
          property was entitled to the corresponding tax deduction, and (3)           
          petitioners paid for expenses (including depreciation) in the               
          amount of $149,230.                                                         
               Because petitioners have failed to provide any credible                
          evidence of the existence of a partnership or a partnership                 
          agreement and have failed to substantiate the deductions, we                
          sustain respondent’s determination.                                         
          III.  Charitable Contributions                                              
               Section 170(a)(1) provides that a taxpayer may deduct “any             
          charitable contribution * * * payment of which is made within the           
          taxable year.  A charitable contribution shall be allowable as a            
          deduction only if verified under regulations prescribed by the              
          Secretary.”  The Secretary of the Treasury (Secretary) has issued           
          section 1.170A-13, Income Tax Regs., to implement Congress’                 
          legislative mandate.  Section 1.170A-13(c), Income Tax Regs,                
          provides that the taxpayer must obtain a qualified appraisal for            
          donated property (except money and certain publicly traded                  
          securities) in excess of $5,000.11                                          


               11  Sec. 1.170A-13(c)(3), Income Tax Regs., describes the              
          necessary requirements for a qualified appraisal.                           


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