- 23 - 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 orPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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