- 8 -
See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84
(1992).7 In that regard, many of petitioner’s claimed
expenditures relate to taxable years other than 2002, the only
taxable year at issue in this case. In addition, some of the
expenditures are vaguely described and do not appear to
constitute charitable contributions. For instance, petitioner
asserts that he spent $10,000 in 2002 on “vacations.” Most
importantly, petitioner has not demonstrated that any
expenditures that might qualify for deduction were actually made,
for instance, by submitting canceled checks or other proof.
Although the Court applauds petitioner’s efforts to help
children, he has not demonstrated entitlement to any charitable
contribution deductions for the 2002 taxable year.
III. Taxability of the Social Security Benefits
Section 86 contains a formula for taxing Social Security
benefits. Although the formula is somewhat complex, the bottom
line is that a single taxpayer whose modified adjusted gross
income plus one-half of his Social Security benefits exceeds an
7 As an initial matter, it is questionable whether
petitioner’s foundation even qualifies as an organization
described in sec. 170(c)(2) for which a charitable contribution
deduction can be taken under sec. 170(a). Although there is a
Starlight Productions in California listed in IRS Publication 78,
Cumulative List of Organizations Described in Section 170(c) of
the Internal Revenue Code, it is unclear whether that
organization is the one to which petitioner refers. In any
event, for the reasons stated in this opinion, that issue has no
bearing on the outcome of this case.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 10, 2007