Gary L. Weiner - Page 7

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          to pay for a life insurance policy under which the taxpayers                
          would receive part of the death benefits.  We held that the                 
          taxpayers did not comply with the substantiation requirement of             
          section 170(f)(8)2 and section 1.170A-13(f)(6), Income Tax                  
          Regs.,3 because NHF incorrectly stated in the receipts that the             
          taxpayers received no consideration for their payments.  We reach           

               2  Sec. 170(f)(8) provides in part:                                    
                    (A) General rule.--No deduction shall be allowed                  
               under subsection (a) for any contribution of $250 or                   
               more unless the taxpayer substantiates the contribution                
               by a contemporaneous written acknowledgment of the                     
               contribution by the donee organization that meets the                  
               requirements of subparagraph (B).                                      
                    (B) Content of acknowledgment.--An acknowledgment                 
               meets the requirements of this subparagraph if it                      
               includes the following information:                                    
                         (i) The amount of cash and a description                     
                    (but not value) of any property other than                        
                    cash contributed.                                                 
                         (ii) Whether the donee organization                          
                    provided any goods or services in                                 
                    consideration, in whole or in part, for any                       
                    property described in clause (i).                                 
                         (iii) A description and good faith                           
                    estimate of the value of any goods or                             
                    services referred to in clause (ii) * * *.                        

               3  Sec. 1.170A-13(f)(6), Income Tax Regs., provides:                   
                    (6) In consideration for.--A donee organization                   
               provides goods or services in consideration for a                      
               taxpayer’s payment if, at the time the taxpayer makes                  
               the payment to the donee organization, the taxpayer                    
               receives or expects to receive goods or services in                    
               exchange for that payment. * * *                                       

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