Joyce E. & Jerome G. Beery - Page 11

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               Section 170(a)(1) allows a deduction for any charitable                
          contribution payment made within the taxable year if the payment            
          is verified under regulations prescribed by the Secretary.  If              
          the taxpayer makes a charitable contribution of money, the                  
          taxpayer must maintain for each contribution either a canceled              
          check, a receipt or letter from the charitable organization, or             
          other reliable written records showing the name of the                      
          organization, the date of the contribution, and the amount of the           
          contribution.  Sec. 1.170A-13(a)(1), Income Tax Regs.                       
               A taxpayer may not deduct any charitable contribution of               
          $250 or more unless the taxpayer substantiates the contribution             
          with a written acknowledgment from the charitable organization.             
          Sec. 170(f)(8)(A).  The written acknowledgment must state the               
          amount of any cash paid, whether the organization provided any              
          goods or services in consideration for the cash, and the                    
          estimated value of any goods or services provided by the                    
          organization.  Sec. 170(f)(8)(B).                                           
               At trial, Mr. Beery contended that petitioners donated most            
          of the $420 each year to the United Way but admitted that                   
          petitioners were unable to locate canceled checks for these                 
          contributions.  Petitioners submitted no other records to                   
          substantiate the charitable deductions for the years at issue and           
          did not present any testimony from a representative of the United           
          Way or from any other entity to document the disputed                       






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Last modified: May 25, 2011