- 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
money.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 10, 2007