John A. Rowe and Donna L. Rowe - Page 49




                                       - 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...)           





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