Conrad Fitzgerald Lewis - Page 22

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               As previously stated, at trial, petitioner testified that              
          the qualified residence was in Ms. Lewis’s name because of his              
          bad credit history.  Petitioner presented no documentary evidence           
          such as the mortgage itself or canceled checks to prove that the            
          mortgage was his obligation or that he paid the mortgage interest           
          during taxable year 2000.  Further, Ms. Lewis claimed a deduction           
          for the home mortgage interest paid on the subject property for             
          taxable year 2002 in the amount of $6,548.  Since petitioner has            
          failed to provide any proof that the mortgage was his obligation            
          or that he made mortgage interest payments, we sustain                      
          respondent’s disallowance of petitioner’s claimed deduction of              
          home mortgage interest.                                                     
               B.  Gifts to Charity                                                   
               On petitioner’s Schedule A filed with his Federal income tax           
          return for taxable year 2000, he reported the following gifts to            
          charity:                                                                    
               Itemized Deductions                          Amount                    
               Gifts by cash or check                       $3,300                    
               Gifts other than by cash or check            250                       
                    Total gifts                             $3,550                    
               Respondent determined that petitioner did not adequately               
          substantiate that “gifts other than by cash or check” were made.            
          Respondent further determined that, if such gifts were made,                
          petitioner did not adequately substantiate the fair market value            
          of the gifts.  Accordingly, respondent allowed a deduction for              






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