- 5 - shows that the odometer indicated 152,759 miles when the truck was recovered. The parties stipulated a portion of the January-April 2001 Edition of the Kelly Blue Book Older Car Guide 1981-1994 Models (Blue Book) that provides a range of values in 2001 for 1991 model trucks, including petitioners’ make and model. Discussion The Commissioner’s determinations are presumed correct, and generally taxpayers bear the burden of proving otherwise. Rule 142(a)(1). Petitioners have neither argued for nor met the requirements for the application of section 7491(a). Because section 7491(a) is not here applicable, the burden of proof does not shift to the Commissioner. Petitioners’ Charitable Gifts Respondent denied petitioners’ deduction for $300 of cash gifts for lack of substantiation. Petitioner testified that “me and my wife gave $25 in cash at that time to our church.” He testified that they have no receipts and no letter from the church. “I mean you put the money in the basket”, he further explained in his testimony. Taxpayers are required to keep records of charitable contributions of money. Section 1.170A-13(a)(1), Income Tax Regs., requires substantiation for charitable contribution deductions. A taxpayer must maintain one of the following: (1)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011