Michael and Marla Sklar - Page 26

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          section 17012 or that Congress intended to overturn the long line           
          of cases (cited above) holding that no part of tuition paid to              
          religious schools is deductible as a charitable contribution.13             
          We believe that, if Congress had intended to overturn decades of            
          caselaw disallowing charitable contribution deductions for                  
          tuition payments to schools providing a religious and secular               
          education, Congress would have made such an intention clear.  It            
          did not.                                                                    




               12  See H. Conf. Rept. 103-213, at 566 (1993), 1993-3 C.B.             
          393, 444, stating that the sec. 6115 disclosure requirement “does           
          not apply to transactions that have no donative element (e.g.,              
          sales of goods by a museum gift shop that are not, in part,                 
          donations).”  Thus, a charitable organization need not make a               
          sec. 6115 disclosure if the taxpayer did not intend to make a               
          gift.                                                                       
               13  See H. Conf. Rept. 103-213, supra at 566 n.34, 1993-3              
          C.B. at 444, stating that the exception to the substantiation               
          requirement for an intangible religious benefit “does not apply,            
          for example, to tuition for education leading to a recognized               
          degree, travel services, or consumer goods.”  Along the same                
          lines, H. Rept. 103-111, supra at 786 n.170, 1993-3 C.B. at 362,            
          states:                                                                     
                    The committee intends that, in the case of                        
               religious organizations, a quid pro quo contribution                   
               (for purposes of the substantiation and disclosure                     
               requirements) is limited to an exchange of goods or                    
               services that are generally available on a commercial                  
               basis, or advertised for an established price (e.g.,                   
               tuition, travel and entertainment, and consumer goods).                
               No inference is intended, however, whether or not any                  
               contribution outside of the scope of the bill’s                        
               substantiation or reporting requirements is deductible                 
               (in full or in part) under the present-law requirements                
               of section 170.                                                        





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