Randon J. Scholet - Page 13

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          D.   Whether Petitioner May Deduct Charitable Contributions for             
               1998                                                                   
               Petitioner contends that he may deduct charitable                      
          contributions of $2,141 for 1998.  More specifically, petitioner            
          testified that he made weekly donations of $20 to a church, that            
          his wife made similar weekly contributions, and that his son and            
          daughter each made weekly contributions of $1.                              
               Respondent contends that he may not deduct any of those                
          amounts.  We agree because petitioner has not substantiated the             
          contributions as required.  See sec. 170(a)(1) (taxpayer must               
          verify claimed contribution under regulations prescribed by the             
          Secretary).  The Court gave petitioner every opportunity at trial           
          to offer evidence of his contributions and held the record open             
          for 4 months to receive evidence, but he provided no evidence of            
          them.  Petitioner did not identify the church to which                      
          contributions were made.  See id.  Under Cohan v. Commissioner,             
          39 F.2d 540, 543-544 (2d Cir. 1930), we may estimate the amount             
          of a deductible expense if a taxpayer establishes that he or she            
          paid the expense but cannot substantiate the precise amount.                
          Petitioner’s uncorroborated testimony is the only evidence                  
          supporting his claim.  He did not give us an adequate basis to              
          estimate the amount of his contributions under Cohan.  More than            
          half of the charitable contributions petitioner claims were                 
          attributable to family members and thus are not deductible by               







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