-4- OPINION 1. Charitable Contributions Respondent argues that petitioners may not deduct any charitable contribution of $250 or more in that petitioners do not have the requisite written acknowledgment for any of these amounts. (Respondent has conceded that petitioners may deduct all other charitable contributions claimed as such.) Petitioners in their brief make no mention of the written acknowledgment requirement but argue that Hill’s testimony coupled with canceled checks in evidence entitles them to deduct all of the claimed contributions in dispute. Petitioners’ counsel conceded at trial that petitioners bear the burden of proof as to this issue. We agree with respondent that the disputed amounts are not deductible given the absence of a written acknowledgment. Under section 170(f)(8)(A), an individual taxpayer may deduct a contribution of $250 or more only if he or she substantiates the deduction with a contemporaneous written acknowledgment by the donee that meets the requirements of that section. Addis v. Commissioner, 118 T.C. 528, 533-534 (2002); Berry v. Commissioner, T.C. Memo. 2003-331; Stussy v. Commissioner, T.C. Memo. 2003-232; see also Weyts v. Commissioner, T.C. Memo. 2003-68 (discussion of legislative history underlying the enactment of section 170(f)). That acknowledgment, which must be furnished by the donee organization, must state the amount ofPage: Previous 1 2 3 4 5 6 7 8 Next
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