Vittorio Kellum - Page 11

                                       - 10 -                                         
          the year totaling $3,660.  Petitioner did not present testimony             
          with respect to the claimed contributions.                                  
               Under certain circumstances, where a taxpayer’s records are            
          inadequate to substantiate a claimed deduction, we may estimate             
          the amount.  Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir.               
          1930).  In order for the Court to make an estimate, we must have            
          some basis in fact upon which an estimate can be made.  Williams            
          v. United States, 245 F.2d 559, 560 (5th Cir. 1957); Vanicek v.             
          Commissioner, 85 T.C. 731, 742-743 (1985).                                  
               While we have some doubt about the reliability of the                  
          contribution receipt and the amount of petitioner’s                         
          contributions, we find that petitioner attended church and made             
          some contributions to the church in 1997.  Bearing in mind that             
          petitioner has the burden to prove that he is entitled to the               
          claimed deduction, we hold that petitioner is entitled to an                
          additional deduction of $800 for donations to the Greater Sunrise           
          Baptist Church.  Thus, petitioner is entitled to a total                    
          charitable contribution deduction of $1,250 for 1997 (including             
          the $450 previously conceded by respondent).                                
          C.  Casualty Loss From Automobile Accident                                  
               Petitioner claims a casualty loss of $11,418 for damages               
          sustained to his 1992 Toyota Camry during an automobile accident            
          with an insured driver on March 17, 1997.  Following the                    
          accident, petitioner filed a claim with the other driver’s                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011