- 45 - Based upon our examination of the entire record before us, we find that petitioners in each of these cases have failed to carry their burden of establishing that under section 170 they are entitled for 1999 to petitioners’ respective claimed noncash charitable contribution deductions or to any other deductions attributable to KQC’s claimed noncash charitable contribution to TMC of the improved property on Maple Street or any portion of such property. 19(...continued) of a bona fide inter vivos gift that are in dispute were present with respect to KQC’s claimed noncash charitable contribution to TMC. Nor do we have to address respondent’s position that petitioners in each of these cases have failed to carry their burden of showing that they substantially complied with all of the substantiation requirements under sec. 170 and the regula- tions thereunder. We note, however, that Mr. Mumford’s December 17, 1999 letter (1) did not contain the actual or expected date of a charitable contribution of all or a portion of the improved property on Maple Street that was the subject of that letter, (2) did not indicate that Mr. Mumford prepared it in order to substantiate a charitable contribution for tax purposes, and (3) made no reference to the notice of Federal interest that on May 15, 1998, was filed with respect to the improved property on Maple Street with the Sandusky County recorder’s office. We also note (1) that KQC’s Form 8283 included as part of KQC’s 1999 return did not contain certain information required by that form (e.g., the date and manner of KQC’s acquisition of the property purportedly contributed to TMC or the cost or other basis of such property, adjusted as provided by sec. 1016) and (2) that the donee acknowledgment in that form was not completed by TMC but was left blank. Finally, in light of our finding that petition- ers have failed to carry their burden of establishing that all of the essential elements of a bona fide inter vivos gift were present on Dec. 31, 1999 (or at any other time in 1999) with respect to KQC’s claimed noncash charitable contribution to TMC, we need not address the parties’ dispute over the fair market value of any such claimed contribution. In this regard, we need not make any comments in addition to the comments that we made at the trial in these cases with respect to the parties’ respective experts and such experts’ respective reports.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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