Michael Kevin Boltinghouse - Page 17




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          to who valued them or what method was used.  We find that under             
          the circumstances, considering the nature of the items donated              
          and of the donee institution, the description of the property is            
          reasonable, and petitioner has substantially complied with the              
          requirements of section 1.170A-13, Income Tax Regs.  However,               
          petitioner has not provided sufficient substantiation of the fair           
          market value of the property at the time the contribution was               
          made or the method used in determining the value provided on the            
          receipts.  Therefore we will not accept his calculation of the              
          amount of claimed deduction.  See Bond v. Commissioner, 100 T.C.            
          32, 41 (1993).  Even if we were to exercise our discretion to               
          approximate the value of the contributions and allow petitioner a           
          deduction for the entire amount of noncash charitable                       
          contributions claimed, considering our other findings, petitioner           
          would still not be entitled to itemized deductions for 2003                 
          greater than the standard deduction applicable for that year.               
          See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930);             
          see also Fontanilla v. Commissioner, T.C. Memo. 1999-156;                   
          Cavalaris v. Commissioner, T.C. Memo. 1996-308; Bernardeau v.               
          Commissioner, T.C. Memo. 1981-584; cf. Kendrix v. Commissioner,             
          T.C. Memo. 2006-9.  Therefore, we decline to exercise our                   
          discretion under Cohan.                                                     










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