Bobby Lorn and Libby C. Claborn - Page 9




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               Turning to the value of petitioners’ donation to the                   
          Salvation Army, we note that petitioners have provided a receipt            
          from the Salvation Army, dated November 21, 2003, reflecting the            
          donation of three boxes containing clothing and toys.  However,             
          by failing to state whether the Salvation Army provided any goods           
          or services in exchange for a contribution that petitioners claim           
          exceeded $250, the receipt fails to satisfy section                         
          170(f)(8)(B)(ii).  Although we believe that it is unlikely that             
          petitioners received any goods or services from the Salvation               
          Army in exchange for their donation, we are required to apply the           
          statute and cannot escape its clear command.  Weyts v.                      
          Commissioner, T.C. Memo. 2003-68 (“To allow petitioner the                  
          charitable contribution deduction in the circumstances here would           
          contravene the specific statutory language and purpose of                   
          recordkeeping for contributions in excess of $250.”); see also              
          Kendrix v. Commissioner, T.C. Memo. 2006-9.  Accordingly,                   
          petitioners have not demonstrated entitlement to a deduction in             
          excess of the $25 that respondent has allowed for their                     
          charitable contribution of property to the Salvation Army.                  
          IV. Unreimbursed Employee Business Expenses                                 
               Section 162(a) authorizes a deduction for “all the ordinary            
          and necessary expenses paid or incurred during the taxable year             
          in carrying on any trade or business”.  However, taxpayers are              
          generally barred from deducting the daily cost of commuting to              







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