- 17 - mandatory,” but “nothing in Bond * * * relieves * * * [the taxpayers] of the requirement of obtaining a qualified appraisal.” Hewitt v. Commissioner, supra at 263-264. Although the value of the stock was not in dispute, the qualified appraisal requirement is imposed by DEFRA section 155. Id. at 264. The doctrine of substantial compliance could not excuse the taxpayers’ failure to comply with that requirement. Id. at 265- 266. In D’Arcangelo v. Commissioner, supra, the taxpayers donated art supplies to a high school and claimed a charitable contribution deduction. The taxpayers attached a Form 8283 to their tax return along with a “letter of appraisal” from the high school principal. At trial, the taxpayers also introduced expert testimony concerning the value of the donated property. The Court held that the taxpayers had failed to obtain a qualified appraisal and, therefore, had not substantially complied with the regulations. The principal was not a qualified appraiser because he was employed by the donee and did not regularly perform appraisals. The taxpayers’ expert witness performed only a cursory inspection of the donated items several years before the date of contribution, and he was generally unfamiliar with the condition of the items as of that date. We stated that, unlike the taxpayers in Bond, the taxpayers “did not merely fail to attach evidence of a qualified appraisal, theyPage: 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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