John A. Rowe and Donna L. Rowe - Page 48




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               Respondent has failed to establish that petitioner knew or             
          believed that her former spouse was not engaged in the farming              
          for profit.  Accordingly, we hold petitioner is entitled to                 
          relief under section 6015(c) from the tax liability arising out             
          of this activity.                                                           
          V.   Charitable Contributions                                               
               A.   Background                                                        
               On their 1987 return, petitioners claimed a charitable                 
          contribution deduction of $5,556.  Of this amount, $4,059 was               
          listed as contributed to “1st United Methodist”.  In 1987,                  
          petitioner wrote five checks to the St. Cloud First United                  
          Methodist Church on the NCNB account totaling $5,500.  Respondent           
          allowed the $5,556 charitable contribution deduction claimed on             
          the 1987 return.                                                            
               On their 1988 return, petitioners claimed a charitable                 
          contribution deduction of $8,165.  On the attached Schedule A,              
          the claimed contribution was identified as “ERS-106, 1st United             
          Meth. 8,059".  Respondent disallowed the entire amount claimed as           
          a charitable contribution deduction for 1988 on the ground that             
          petitioners had failed to substantiate the charitable                       
          contribution.  In 1988, neither petitioner nor Mr. Rowe wrote any           
          checks on the NCNB account to the St. Cloud First United                    
          Methodist Church.                                                           








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