Charles H. Addis and Cindi Addis - Page 15




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          the $557,000 death benefit only if it paid the premiums for the             
          life insurance policy.  We conclude that the NHF receipts do not            
          comply with the substantiation requirement of section 170(f)(8)             
          and section 1.170A-13(f)(6), Income Tax Regs., because NHF                  
          incorrectly stated in the receipts that petitioners received no             
          consideration for their payments.                                           
          D.   Consequence of Failure To Comply With Section 170(f)(8)                
               Section 170(f)(8) disallows a charitable contribution                  
          deduction in circumstances such as these, where the donee                   
          organization’s contemporaneous written acknowledgment is                    
          erroneous and is not a good faith estimate of the value of goods            
          or services it provided, and where the taxpayer unquestioningly             
          and self-servingly uses that erroneous statement to claim a                 
          charitable contribution larger than the one to which he or she              
          would be entitled under section 170.  Secs. 1.170A-13(f)(7),                
          1.170A-1(h)(4)(ii), Income Tax Regs.  The written acknowledgments           
          by NHF did not meet the requirements of section 170(f)(8) and               
          section 1.170A-13(f)(6), Income Tax Regs.  Thus, petitioners may            
          not deduct their contributions to NHF of $36,285 in 1997 and                
          $36,000 in 1998.                                                            
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent.                          








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