Kim H. Barnes - Page 5

                                        - 5 -                                         
          U.S. 435, 440 (1934); see also Rule 142(a).  The taxpayer has the           
          burden of substantiating any deduction.  Hradesky v.                        
          Commissioner, 65 T.C. 87, 89-90 (1975), affd. per curiam 540 F.2d           
          821 (5th Cir. 1976); see also Rule 142(a).                                  
               Section 170 allows an itemized deduction for charitable                
          contributions.  Petitioner claimed an itemized deduction for                
          charitable contributions of money of $2,654.  See sec. 1.170A-              
          13(a), Income Tax Regs.  At trial, petitioner substantiated                 
          charitable contributions of money of $320, which included                   
          contributions of $225 to educational institutions and $95 to her            
          church.  Petitioner testified that she did not have additional              
          documentation to substantiate the remaining $2,334.  Petitioner             
          alleged that her documents were destroyed because of flooding in            
          her basement.  Petitioner testified that “the big flood” occurred           
          in 2001.  Presumably, any documentation that would substantiate             
          charitable contributions made during 2002 would not be in                   
          existence in 2001.  Additionally, there is no indication                    
          petitioner tried to obtain any reliable written records to                  
          reconstruct the alleged charitable contributions of money.  See             
          sec. 1.170A-13(a)(1)(iii), Income Tax Regs.  Because petitioner             
          failed to substantiate $2,334 of the claimed charitable                     
          contributions of money, we hold that petitioner is entitled to an           
          itemized deduction of only $320 for charitable contributions of             

Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 10, 2007