Debo Joel Ogungbade - Page 5

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          v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v.            
          Helvering, 292 U.S. 435, 440 (1934).                                        
               Section 170(a) allows as a deduction any charitable                    
          contribution the payment of which is made within the taxable                
          year.  Deductions for charitable contributions are allowable only           
          if verified under regulations prescribed by the Secretary.  Sec.            
          170(a)(1).  In general, the regulations require a taxpayer to               
          maintain for each contribution of money one of the following:               
          (1) A canceled check; (2) a receipt from the donee;3 or, in the             
          absence of a check or receipt, (3) other reliable written                   
          records.  Sec. 1.170A-13(a)(1), Income Tax Regs.  Section 1.170A-           
          13(a)(2)(i), Income Tax Regs., provides special rules to                    
          determine the reliability of records on the basis of all the                
          facts and circumstances of the particular case and further                  
          provides factors to consider in making this determination,                  
          including:  (1) Whether the writing that evidences the                      
          contribution was written contemporaneously and (2) whether the              
          taxpayer keeps regular records of the contributions.                        
               At trial, petitioner produced a document titled “Rosicrucian           
          Statement” dated September 12, 2001, which reflects that his                
          AMORC membership was paid up to the end of August 2002.  The                
          statement shows quarterly and annual membership rates of $59 and            


               3 A receipt is required to contain the name of the donee,              
          the date of the contribution, and the amount of the contribution.           
          Sec. 1.170A-13(a)(1), Income Tax Regs.                                      




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