- 52 -
improved property on Maple Street had been filed with the
Sandusky County recorder’s office.
The record establishes that none of the advisors on whom KQC
claims to have relied gave any advice regarding the noncash
charitable contribution to TMC that KQC claimed in KQC’s 1999
return of the improved property on Maple Street consisting of
KQC’s land and 1958 school building that KQC purchased in 1997
and any improvements made by TMC to that property, including the
new building that TMC constructed thereon with HHS’s grant funds.
On the record before us, we find that petitioners have failed to
carry their burden of establishing that KQC’s claimed reliance on
certain advisors was objectively reasonable. See Goldman v.
Commissioner, 39 F.3d at 408. On that record, we further find
that petitioners have failed to carry their burden of establish-
ing that the noncash charitable contribution to TMC of the
improved property on Maple Street that KQC claimed in KQC’S 1999
return and petitioners’ respective claimed noncash charitable
contribution deductions were the result of any error on the part
of the advisors on whom KQC claims to have relied. See Westbrook
v. Commissioner, 68 F.3d at 881.
Finally, in our consideration of the issue presented under
section 6662, we have in mind that, in discussions that Mr.
Johnston had with Mr. Marceron with respect to KQC’s claimed
noncash charitable contribution to TMC, Mr. Marceron indicated
Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NextLast modified: May 25, 2011