Betty Kendrix - Page 23

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          the Cohan rule ($300) would result in total itemized deductions             
          for 2000 that are less than the standard deduction applicable to            
          a head of household that respondent has allowed to petitioner in            
          computing her deficiency for that year.  Therefore, because of              
          our disallowances with respect to petitioner’s claimed deductions           
          for cash and (other) noncash contributions for 2000, the issue of           
          whether we may allow her a deduction, under the Cohan rule, for             
          noncash contributions to L.A. Family Housing is moot.                       
               C.  Section 6662(a) Penalty                                            
               Section 6662(a) imposes a penalty equal to 20 percent of the           
          underpayment in tax attributable to, among other things,                    
          negligence or disregard of rules or regulations (without                    
          distinction, negligence).  See sec. 6662(b)(1).  The penalty for            
          negligence will not apply to an underpayment of tax to the extent           
          the taxpayer can show both reasonable cause and that the taxpayer           
          acted in good faith.  See sec. 6664(c)(1).  Negligence “includes            
          any failure by the taxpayer * * * to substantiate items                     
          properly.”  Sec. 1.6662-3(b)(1), Income Tax Regs.                           
               All of the charitable contributions deductions that we have            
          disallowed herein are attributable to a lack of adequate                    
          substantiation, including the deductions disallowed because the             
          acknowledgments obtained by petitioner from donees were in                  
          violation of section 170(f)(8).  Petitioner’s failure to obtain             
          acknowledgments stating that the donee did not provide goods or             






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