- 16 - 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, notPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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