James Warren - Page 6

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          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.4                       
               Petitioner testified that his cash contributions to the                
          church consisted of money that he gave to his mother who, in                
          turn, gave that money to the church.  Petitioner produced no                
          canceled checks or receipts of his cash contributions.  The only            
          records petitioner provided were the lists, which were created by           
          his accountant, showing weekly payments to the church.  These               
          lists were not prepared contemporaneously with the alleged                  
          contributions.  Petitioner provided no testimony or documentation           
          regarding his deductions for noncash contributions.                         
               We find that petitioner failed to provide reliable evidence            
          of his purported contributions and failed to meet his burden of             
          proof.  We hold that respondent’s determinations disallowing                
          petitioner’s claimed charitable contribution deductions are                 
          sustained.                                                                  
               To reflect the foregoing,                                              
                                                   Decision will be entered           
                                              for respondent.                         

               4 Sec. 1.170A-13(b)(2)(i), Income Tax Regs., provides that             
          the reliability rules for records of money contributions also               
          apply to records of property contributions.                                 





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