- 18 - 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 requirementPage: 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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