- 19 - thus relates to “the substance or essence of whether or not a charitable contribution was actually made.” See Bond v. Commissioner, supra at 41. Petitioners argue that the regulations provide relief for failure to comply with the substantiation requirements. For example, the regulations provide that if it is impossible for the taxpayer to obtain the donee’s signature on the appraisal summary, the taxpayer’s deduction will not be disallowed provided the taxpayer attaches a statement to the appraisal summary explaining why it was not possible to obtain the donee’s signature. Sec. 1.170A-13(c)(4)(iv)(C)(2), Income Tax Regs. Petitioners have not asserted that it was impossible to obtain the donee’s signature, however, nor did they attach an explanatory statement to the Form 8283. The regulations also provide that if the taxpayer fails to attach the appraisal summary to the tax return, the Internal Revenue Service may request that the taxpayer submit the appraisal summary within 90 days of the request. Sec. 1.170A- 13(c)(4)(iv)(H), Income Tax Regs. If such a request is made and the donor complies, a deduction will not be disallowed provided that, inter alia, the donor’s failure to attach the appraisal summary was a good faith omission and a qualified appraisal was completed within the specified period. Id. Because petitionersPage: 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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