- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007