- 4 - sec. 1.170A-13, Income Tax Regs. To be deductible, contributions must be made “to or for the use of” organizations listed in section 170(c)(1)-(5). Sec. 170(c). The phrase “for the use of” was added by Congress to allow a deduction for gifts made in trust for a charitable organization or under a similar legal arrangement creating rights which may be legally enforced by the organization; gifts made to an individual for the use of a charity do not meet the requirements for deductibility in the absence of such an arrangement. See Davis v. United States, 495 U.S. 472 (1990). In 1993, petitioners claimed a deduction of $9,329 for charitable contributions. Respondent allowed $4,557 of this amount in the notice of deficiency and has since conceded an additional $1,840. In 1994, petitioners claimed a deduction of $7,000 for charitable contributions. Respondent allowed $1,665 of this amount. Petitioner husband (petitioner) testified that the amounts disallowed and not conceded by respondent for 1993 were contributions made by him in cash, primarily when attending church. Petitioner has no written records evidencing such contributions. Without written records, a deduction for charitable contributions generally is not allowed. See sec. 1.170A-13, Income Tax Regs. In certain circumstances, however, we have applied Cohan v. Commissioner, supra, to allow aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011