Gary L. Weiner - Page 6

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               NHF gave petitioner a receipt for each of his $93,000                  
          payments in which NHF stated that “NHF did not provide any goods            
          or services to the donor in return for the contribution.”                   
          F.   Petitioner’s Tax Returns and the Notice of Deficiency                  
               Petitioner claimed deductions for charitable contributions             
          to NHF of $93,000 in 1997 and $93,000 in 1998.  Respondent                  
          determined in the notice of deficiency that petitioner is not               
          entitled to those deductions.                                               
               Petitioner contends that he may deduct $93,000 in 1997 and             
          1998 as charitable contributions to NHF.  We disagree.                      
               We recently decided Addis v. Commissioner, 118 T.C.                    
          (2002), in which the taxpayers deducted their payments to NHF               
          under a split-dollar life insurance plan.  The split-dollar life            
          insurance plan in Addis is indistinguishable from the plan that             
          petitioner used.  In Addis, NHF used the funds from the taxpayers           
          to pay for life insurance on the life of Mrs. Addis and, as a               
          result, the taxpayers’ family trust became entitled to receive              
          part of the death benefits from the life insurance policy.  In              
          Addis, NHF gave the taxpayers receipts in which NHF stated that             
          the taxpayers received no consideration in exchange for their               
          payments.  We held that the taxpayers could not deduct the                  
          payments as charitable contributions because NHF did not state in           
          the receipts for those payments that it used the taxpayers’ funds           

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