- 22 - Furthermore, we note that petitioners had approximately 16 months in which to obtain a qualified appraisal.7 Petitioners have not explained why they were unable to secure a qualified appraisal within that period. Nor did petitioners “‘fall just on the other side’” of the deadline. See id. The 2000 appraisals were made more than 9 months before the date of contribution. The 2005 appraisals were made more than 3 years after the due date of petitioners’ tax return. Thus, we are not faced with a situation where the taxpayer has done “all that can reasonably be expected of him”. See Estate of Chamberlain v. Commissioner, T.C. Memo. 1999-181. Third, as mentioned supra, DEFRA section 155 is not primarily concerned with whether a charitable contribution has been made. Hewitt v. Commissioner, 109 T.C. at 265. Rather, DEFRA section 155 is concerned with substantiating the value of the contributed property. Id. Thus, even if petitioners made a charitable contribution, they must meet the substantiation requirements to claim a deduction. C. Respondent’s Alleged Wrongdoing Petitioners allege that respondent acted improperly during the examination of their tax return. We need not address 7 Petitioners sold their development rights on Feb. 12, 2001. Sixty days before that date is Dec. 14, 2000. Petitioners had from that time until the due date of their tax return on Apr. 15, 2002, to obtain a qualified appraisal. See sec. 1.170A-13(c)(3)(i)(A), (iv)(B), Income Tax Regs.Page: 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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