- 17 - unspecified origin which purports to list “suggested price ranges” developed “with the help of Salvation Army and Goodwill” for those types of items. Petitioner argues that her valuations are within the suggested ranges. As stated supra, attachments to briefs are not evidence and may not be considered. Respondent argues that petitioner is not entitled to any deduction for her alleged noncash contributions because her contribution claims lack credibility and because they do not satisfy the substantiation requirements of the Code and regulations. Petitioner testified that all of the donated items either were purchased from the son of a deceased girlfriend who needed the money ($3,000) to buy drugs, or were purchased (or picked up) “off the street” and refurbished by her. Petitioner also cites distributions from her thrift plan as a source of funds used to purchase the donated items, although she also testified that she needed and used those funds for living expenses. Respondent finds petitioner’s testimony to be “implausible and uncorroborated,” and he concludes, on the basis of the evidence, that “petitioner lacked the property that she claims to have contributed.” Respondent lists several reasons for his skepticism. He notes the discrepancy between petitioner’s 1998 return, in which she reported cash charitable contributions of $15,000, and her representations in her bankruptcy petition,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011