Roger and Sharon Wortmann, et al. - Page 11

                                        -11-                                          
          Commissioner’s reasonable requests.  Sec. 7491(a)(2)(A) and (B).7           
          Here, both parties have presented evidence and introduced expert            
          witness reports.  We therefore decide the case based on the                 
          preponderance of evidence without regard to the burden of proof.            
          See Blodgett v. Commissioner, 394 F.3d 1030 (8th Cir. 2005),                
          affg. T.C. Memo. 2003-212; Polack v. Commissioner, 366 F.3d 608,            
          613 (8th Cir. 2004), affg. T.C. Memo. 2002-145.                             
          II. Rules on Valuation                                                      
               We next address the value of the subject property at the               
          date of contribution to the charitable organization to determine            
          the charitable contribution deduction amount.  Section 170                  
          generally permits a deduction for contributions made to                     
          charitable institutions, subject to restrictions not at issue               
          here.  With respect to a contribution of property other than                
          money, the amount of the contribution is the fair market value of           
          the property at the time of contribution.  Sec. 1.170A-1(c)(1),             
          Income Tax Regs.  Fair market value is the price at which the               
          property would change hands between a willing buyer and a willing           
          seller, neither being under any compulsion to buy or sell and               
          both having reasonable knowledge of relevant facts.  Sec. 1.170A-           
          1(c)(2), Income Tax Regs.                                                   




               7Sec. 7491 is effective with respect to court proceedings              
          arising in connection with examinations by the Commissioner                 
          commencing after July 22, 1998, the date of enactment of the                
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.                               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011