Bruce K. and Marina V. Ney - Page 6

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               Petitioners filed their joint 2001 Federal income tax return           
          on April 15, 2002, reporting a noncash charitable contribution of           
          $210,306.4  Attached to their return was a Form 8283, Noncash               
          Charitable Contributions.  Form 8283 instructs the taxpayer to              
          provide, inter alia, a description of the donated property, the             
          date of its acquisition, and, if the property was sold in a                 
          “bargain sale”, the amount the taxpayer received from the donee.            
          Petitioners’ Form 8283 describes the donated property as                    
          “Farmland” and lists the date of acquisition as “Various”.  It              
          does not identify the contribution as a bargain sale or indicate            
          that petitioners received payment from DALPF.                               
               Form 8283 includes a section titled “Donee Acknowledgment”.            
          This section instructs the donee to acknowledge that it is a                
          qualified organization under section 170(c) and that it received            
          the property in question.  Petitioners’ Form 8283 was not signed            
          by a representative of DALPF.                                               
               Form 8283 also includes a section titled “Declaration of               
          Appraiser”.  This section instructs the appraiser of the donated            
          property to sign the following statement:                                   
               I declare that I am not the donor, the donee, a party                  
               to the transaction in which the donor acquired the                     
               property, employed by, or related to any of the                        
               foregoing persons * * *.  And, if regularly used by the                
               donor, donee, or party to the transaction, I performed                 


               4 Because petitioners reported adjusted gross income of                
          $19,561, their claimed deduction was limited to $9,781.                     





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