Bruce K. and Marina V. Ney - Page 19

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          altogether failed to obtain a qualified appraisal.”  D’Arcangelo            
          v. Commissioner, supra.                                                     
               Turning to the facts of the instant case, we agree with                
          respondent that petitioners did not substantially comply with the           
          regulations.  For the reasons discussed supra, none of the                  
          appraisals that petitioners obtained is a qualified appraisal.              
          Unlike the reporting requirements at issue in Bond, the qualified           
          appraisal requirement is mandatory, not merely directory.  Our              
          caselaw is clear that we cannot apply the doctrine of substantial           
          compliance to excuse a taxpayer’s failure to meet this                      
          requirement.  See, e.g., Hewitt v. Commissioner, supra at 264-              
          266; D’Arcangelo v. Commissioner, supra.                                    
               We also note that the requirements that the appraiser and              
          the donee sign the Form 8283 also appear to be mandatory.  By               
          signing the appraiser’s declaration, the appraiser potentially              
          subjects himself to a penalty under section 6701.  This                     
          requirement serves the purpose of DEFRA section 155 by                      
          discouraging the overvaluation of charitable contributions.  See            
          Hewitt v. Commissioner, supra at 265 (and the legislative history           
          cited thereat); see also Estate of Chamberlain v. Commissioner,             
          T.C. Memo. 1999-181 (“substantial compliance cannot be applied if           
          to do so would defeat the policies of the underlying statutory              
          provisions”).  By signing the donee’s acknowledgment, the donee             
          asserts that it is a charitable organization.  This requirement             






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