Bobby Lorn and Libby C. Claborn - Page 8




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          which an estimate of the amount of a claimed deduction may be               
          made.  Vanicek v. Commissioner, supra.  Without such a basis, any           
          allowance would amount to “unguided largesse.”  Williams v.                 
          United States, 245 F.2d 559, 560 (5th Cir. 1957).  The                      
          aforementioned documents provided by petitioners in support of              
          Mr. Claborn’s cash donations, which we believe were not prepared            
          contemporaneously with those donations, are not reliable enough             
          to support all of the claimed cash donations.  Specifically, we             
          do not find the documents reliable enough to support the claimed            
          $1,925 in “Church Offering” cash donations, especially in light             
          of the materiality of the amount claimed and the 20 separate $25            
          contributions that petitioners made to their church in 2003 by              
          check through the use of tithing envelopes.  In order to satisfy            
          the regulatory substantiation requirements, checks, receipts, or            
          other reliable contemporaneous records were required.  See sec.             
          1.170A-13(a)(1), Income Tax Regs.  As a result, we do not                   
          exercise our discretionary authority pursuant to Cohan with                 
          respect to those cash donations.  However, because petitioners              
          were regular churchgoers with two children, we do find the                  
          evidence reliable enough to support the claimed 42 separate $2              
          donations for “Lee Anderson’s Class,” and the 42 separate $2                
          donations and the single $1 donation for “Children’s Class.”  We            
          therefore conclude that petitioners are entitled to deduct $169             
          of cash charitable contributions.                                           







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