Sonja and David Brown - Page 6




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                    When we sat down with our preparer * * *, he did his              
               figuring, came up with these numbers.  He came up with the             
               number.  We said, Now, will we need to provide                         
               documentation?  He said, That's not necessary, based on –-             
               and he pulled out * * * what looked like part of the Tax               
               Code or something out of the tax book there or manual, and             
               he showed us certain column, certain section, paragraph,               
               whatever.  It states right here that documentation's not               
               necessary.                                                             
                    We said, Okay, that looks good to us.  We didn't have             
               anything to –- we didn't have any reason to doubt him,                 
               because before moving into our house in '99, we never                  
               claimed itemized deductions.  We had nothing to go off of              
               other than paying the IRS every year, going to H&R Block:              
               Here you go; how much do we owe; fine.                                 

               Petitioners presented no documentary information at trial              
          that would establish that they made any qualifying charitable               
          contributions during the 2 years at issue.                                  
               Although petitioners claimed (and the Court has no reason to           
          doubt their testimony) that they generously "gave" during the 2             
          years in question, the generosity to which their benevolence was            
          intended included gifts to family and friends, such as for                  
          birthdays, weddings, and graduations, as opposed to donations to            
          qualified organizations.  Sec. 170(c).  Such gifts are not                  
          deductible as charitable contributions under section 170(a) and             
          (b).  Moreover, the tax return for the year 2000, which included            
          the donation of a BMW motor vehicle, did not include the IRS Form           
          8283, Noncash Charitable Contributions, which is required under             
          section 1.170A-13(b)(3), Income Tax Regs., relating to deductions           
          in excess of $500 for charitable contributions of property other            





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