Allen and Mary Doxtator - Page 30

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          U.S.C. sec. 2710(b)(3)(D).  We accordingly sustain respondent's             
          determination that petitioners failed to report $3,000 in taxable           
          income arising from the payments in that amount made to them by             
          the Oneida Tribe in 1999.                                                   
          Charitable Contributions                                                    
               Section 170(a) generally allows a deduction for                        
          contributions made to certain designated entities, provided such            
          contributions are verified under regulations prescribed by the              
          Secretary.  Depending upon the size of the contribution, the                
          verification requirement is satisfied by reliable written records           
          or by a written acknowledgment from the recipient entity.  See              
          sec. 170(f)(8); sec. 1.170A-13(a)(1), Income Tax Regs.                      
               Respondent disallowed petitioners' claimed charitable                  
          contribution deductions of $5,899 and $3,969 for 1997 and 2000,             
          respectively, for failure to substantiate the deductions.                   
          Petitioners claim to have submitted substantiation of their 1997            
          and 2000 charitable contribution deductions to respondent's field           
          office in Green Bay, Wisconsin.  However, they have not produced            
          any evidence in support of this claim or provided any written               
          evidence to verify or substantiate the claimed deductions.21                
               In the absence of evidence to verify or substantiate                   
          petitioners' claimed charitable contribution deductions, we                 

               21 On the basis of his testimony, Mr. Doxtator appears to              
          believe that a taxpayer is entitled to a charitable contribution            
          deduction equal to 10 percent of his income, without regard to              
          verification or substantiation.                                             




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