Derrick Elkins - Page 12

                                       - 11 -                                         
          of the donee and the date and amount of the contribution.                   
          Cavalaris v. Commissioner, T.C. Memo. 1996-308; sec. 1.170A-                
          13(a)(1), Income Tax Regs.  If the contribution is made in                  
          property other than money, the taxpayer must also maintain a                
          receipt or letter from the donee showing the name of the donee,             
          the date and location of the contribution, and a description of             
          the property.  Sec. 1.170A-13(b)(1), Income Tax Regs.  In the               
          case where a receipt would be impractical to obtain, the taxpayer           
          shall maintain reliable written records with respect to each item           
          of donated property.  Id.  A deduction for a contribution of $250           
          or more will not be allowed unless the taxpayer substantiates the           
          contribution with a contemporaneous written acknowledgment from             
          the donee organization.  Sec. 1.170A-13(f)(1), Income Tax Regs.             
               Petitioner presented two receipts from the Salvation Army,             
          one for 1999 and another for 2000.  While neither of these                  
          receipts lists the value of the donated items, respondent                   
          concedes that petitioner is entitled to a charitable contribution           
          of $200 for each receipt.6  Petitioner, however, testified that             
          he donated more items than those listed on such receipts.                   

               6  As we indicated earlier, respondent concedes that                   
          petitioner is entitled to charitable contribution deductions of             
          $3,793 for the 1999 taxable year and $200 for the 2000 taxable              
          year.  The $3,793 concession for the 1999 taxable year is based             
          upon (1) one of the two receipts from the Salvation Army, (2) a             
          $68 donation to the Army/Navy Store, and (3) a $3,525 donation of           
          an automobile to the National Kidney Foundation.  The $200                  
          concession for the 2000 taxable year is based upon the other                
          receipt from the Salvation Army.                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011