- 50 - Petitioner testified that she regularly attended the St. Cloud First United Methodist Church during the years in issue and that she was very involved in church activities. Petitioner testified that she and Mr. Rowe had tithed regularly during their entire married life. In 1987, petitioner wrote five checks totaling $5,500 to the church on the NCNB account, and respondent allowed the $5,556 charitable contribution deduction claimed on the 1987 return. The Schedule A attached to the 1988 return indicates that most, if not all, of the claimed contribution deduction related to the church. The Schedule A attached to the 1989 return does not indicate whether the claimed deduction related to the church; however, petitioner’s testimony indicates that she believed that the claimed deduction for 1989 also related to the church that she regularly attended and was very active in. In the instant case, petitioner has failed to show that it is appropriate to allocate the charitable contribution items for 1988 and 1989 other than equally between her and Mr. Rowe. 25(...continued) Personal deduction items are expected to be allocated equally between spouses, unless the evidence shows that a different allocation is appropriate. For example, a charitable contribution normally would be allocated equally to both spouses. However, if the wife provides evidence that the deduction relates to the contribution of an asset that was the sole property of the husband, any deficiency assessed because it is later determined that the value of the property was overstated would be allocated to the husband. [S. Rept. 105-174, at 57 (1998), 1998-3 C.B. 537, 593.]Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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