- 16 - 1(h)(4)(i), Income Tax Regs. But if a taxpayer knew or should have known that a charity’s estimate of the fair market value of the consideration it provided was not reasonable, he cannot take the deduction. Sec. 1.170A-1(h)(4)(ii), Income Tax Regs. And that’s the situation here. Even if Roark did not have actual knowledge that NCF would pay the policy premiums, he should have known. He was a sophisticated businessman, and all the paperwork was available to him. He signed much of it. All the letters were sent to him. It would have been simply unreasonable for him to conclude that this split-dollar agreement did not benefit him and his family at all. In the end, then, this case is indistinguishable from Addis. Though NCF wrote that “no goods or services have been provided in connection with this gift” each time Roark sent in money, he knew or should have known that he would receive some value in return. Since the donation was not properly substantiated under section 170(f)(8), and the Roarks unreasonably relied on it contrary to the provisions of section 1.170A-1(h)(4), Income Tax Regs., we hold that they may not deduct the $160,000 he contributed to NCF. We need not reach any other arguments, but because the Commissioner conceded a $20,000 increase to the Roarks’ charitable deduction, Decisions will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011