- 5 -
preparer, Mr. Beltran, advised petitioners not to claim noncash
contributions in excess of $500 but instead to report the value
of such contributions as part of their cash contributions. The
reason for that, as he explained to petitioners, was to avoid the
necessity of filing additional forms.3 Moreover, the Court is
satisfied that the total charitable contribution claimed on the
returns was not based on any records petitioners may have had
regarding their charitable contributions.
The Court is satisfied from the record that petitioners did
make qualifying charitable contributions during the years at
issue and, therefore, under the Court's discretionary authority
pursuant to Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir.
1930), allows petitioners charitable contribution deductions of
$500 for each year at issue.
The other itemized deductions disallowed by respondent were
"Job Expenses and Most Other Miscellaneous Deductions" claimed on
petitioners' returns, as follows:
3 Petitioners' tax returns did not include Internal
Revenue Service Form 8283, Noncash Charitable Contributions, of
property other than money, which form is required for noncash
contributions in excess of $500.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011