Gabe W. Stewart, Jr., and Doris R. Stewart - Page 7

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          prepare their 1996 return.  Petitioners signed but did not review           
          the 1996 return as prepared by Mr. Nunez.                                   
               D.  The Notice of Deficiency                                           
               In the notice of deficiency, respondent determined that                
          petitioners overstated the fair market value of their noncash               
          charitable contributions.  In the notice, respondent determined             
          that the fair market value of the Winter Haven property was                 
          $155,000 and that the fair market value of the boat was $500.               
          Thus, respondent disallowed $54,500 ($45,000 for the Winter Haven           
          property and $9,500 for the boat) of petitioners’ $110,000                  
          noncash charitable contributions for 1996.3                                 
          Discussion                                                                  
               In general, the determinations of the Commissioner in a                
          notice of deficiency are presumed correct, and the burden is on             
          the taxpayer to show that the determinations are incorrect.  Rule           
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).4                      
               A. Charitable Contributions                                            
               Section 170(a)(1) allows a deduction for charitable                    


               3  At trial, petitioners and respondent agreed that the fair           
          market value of the Winter Haven property was $183,000.                     
          Accordingly, petitioners are allowed a charitable deduction with            
          respect to the Winter Haven property in the amount of $83,000               
          ($183,000 fair market value less the $100,000 sales price).                 
               4  Sec. 7491 does not apply in this case to shift the burden           
          of proof to respondent because petitioners neither alleged that             
          sec. 7491 was applicable nor established that they fully complied           
          with the requirements of sec. 7491(a)(2).                                   





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