- 49 - On their 1989 return, petitioners claimed a charitable contribution deduction of $8,111. The Schedule A attached to the return did not identify any organization to which a contribution was made. Respondent disallowed the entire amount claimed as charitable contribution deduction for 1989 on the ground that petitioners had failed to substantiate the charitable contribution. No evidence was presented establishing whether any checks were written on the NCNB account to the St. Cloud First United Methodist Church in 1989. B. Discussion 1. Allocation of Items Petitioner claims that this item is allocable to Mr. Rowe because he controlled the amount contributed to the church and he represented to her that the contributions had been made. Respondent argues that this item should be allocated evenly between petitioner and Mr. Rowe because the contributions were to a church which they both attended and in which petitioner was actively involved. Congress intended for personal deduction items to generally be allocated equally between spouses, unless the electing spouse establishes that a different allocation is appropriate. Sec. 6015(c)(2); S. Rept. 105-174, supra at 57, 1998-3 C.B. at 593.25 25The legislative history of sec. 6015 provides the following example of an allocation of charitable contributions: (continued...)Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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