Bruce K. and Marina V. Ney - Page 23

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               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.                            





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