Curtis Muhammad - Page 6

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          canceled check; (2) a receipt from the donee;4 or, in the absence           
          of a check or receipt, (3) other reliable written records.  Sec.            
          1.170A-13(a)(1), Income Tax Regs.  Section 1.170A-13(a)(2)(i),              
          Income Tax Regs., provides special rules to determine the                   
          reliability of records on the basis of all the facts and                    
          circumstances of the particular case and further provides factors           
          to consider in making this determination, including:  (1) Whether           
          the writing that evidences the contribution was written                     
          contemporaneously and (2) whether the taxpayer keeps regular                
          records of the contributions.                                               
               Petitioner had a checking account in 2002; however, because            
          he claimed to have made only cash charitable contributions,                 
          petitioner provided no canceled checks to substantiate his                  
          claimed deductions.  Petitioner testified that the total cash               
          charitable contributions he claimed were based on receipts he               
          received from his mosque, but that he could not provide the                 
          receipts because he shredded them.                                          
               Petitioner produced two documents to substantiate his                  
          charitable contributions.  The first is the computer-generated              
          list of charitable contributions prepared by BMS.  The computer-            
          generated document lists weekly contributions of $130 to Muhammad           
          Mosque No. 12 (the mosque) from January 8 to December 27, 2002              


               4 A receipt is required to contain the name of the donee,              
          the date of the contribution, and the amount of the contribution.           
          Sec. 1.170A-13(a)(1), Income Tax Regs.                                      




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