Bruce K. and Marina V. Ney - Page 17

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          deduction for failure to strictly comply with the regulations               
          would, petitioners believe, constitute an unwarranted sanction.             
              Respondent, in contrast, argues that petitioners did not               
          substantially comply with the regulations.  Respondent argues               
          that Bond is distinguishable because petitioners failed to obtain           
          a qualified appraisal.  Respondent argues that petitioners’ case            
          is more factually similar to cases such as Hewitt v.                        
          Commissioner, 109 T.C. 258 (1997), and D’Arcangelo v.                       
          Commissioner, T.C. Memo. 1994-572.                                          
               In Hewitt, the taxpayers donated non-publicly traded stock.            
          The taxpayers claimed a charitable contribution deduction and               
          attached a Form 8283 to their tax return.  The taxpayers did not            
          have the stock appraised.  Instead, they calculated the value of            
          the stock on the basis of prices reflected in recent third-party            
          trading activity.  Hewitt v. Commissioner, supra at 259-260.  The           
          Commissioner did not dispute that the amount of the claimed                 
          deduction represented the fair market value of the contributed              
          stock.  Nevertheless, the Commissioner disallowed most of the               
          claimed deduction because the taxpayers had not obtained a                  
          qualified appraisal.  Id. at 262.                                           
               The Court held that the taxpayers had not substantially                
          complied with the regulations.  In distinguishing Bond v.                   
          Commissioner, supra, we noted that “the reporting requirements of           
          section 1.170A-13, Income Tax Regs., were directory, not                    






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