NHUSS Trust, et al. - Page 17

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          Petroleum Co. v. Commissioner, 104 T.C. 584, 637 (1995), affd.              
          142 F.3d 442 (9th Cir. 1998).7                                              
               Six weeks after petitioners donated the van, petitioners’              
          van was sold for an amount almost $13,000 less than Mr. Sobrero’s           
          appraisal.  In his appraisal, Mr. Sobrero failed to account for             
          the mileage of the van, which mileage, based on petitioner’s                
          testimony, would have been approximately 220,000 miles.                     
               On the evidence before us, we conclude that the fair market            
          value of petitioners’ van on the date of its donation, for                  
          purposes of the claimed charitable contribution deduction, was              
          its $6,900 sale price in December of 2000.                                  

          Section 6662(a) Negligence Penalty                                          
               Under section 6662(a), a penalty is imposed on “any portion            
          of an underpayment of tax required to be shown on a return” that            
          is attributable to negligence or to disregard of the rules or               
          regulations.  Sec. 6662(b)(1).  Respondent has asserted the                 
          negligence penalty against petitioners with respect to the                  
          adjustments collapsing the reported income and expenses of the              
          three trusts into petitioners’ income and expenses, the gain on             
          the sale of petitioners’ residence, and the donation of the van.            


               7  We note that the American Jobs Creation Act of 2004, Pub.           
          L. 108-357, sec. 884, 118 Stat. 1632, effective for years                   
          beginning after 2004, added a provision in sec. 170 generally               
          limiting a taxpayer’s charitable deduction relating to a donation           
          of a vehicle to the actual sales price of the vehicle when sold             
          by the donee organization.  Sec. 170(f)(12)(A)(ii).                         




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