- 14 - claimed charitable contribution deductions on Schedules A of his 2002 and 2003 tax returns for cash gifts to a church and noncash gifts. The only documentation produced were two receipts for 2002 and 2003 from the Salvation Army regarding the noncash contributions. At trial, respondent challenged the authenticity of both Salvation Army receipts. A Salvation Army representative credibly testified that the Salvation Army did not issue, prepare, or utilize the itemized receipts petitioner presented in substantiation of the contributions on petitioner’s 2002 and 2003 Federal income tax returns.6 Petitioner offered no explanation or other evidence to challenge this testimony. Additionally, petitioner did not testify or otherwise substantiate his claimed cash contributions to a church. Consequently, there is no credible evidence to support petitioner’s claimed charitable contributions for the 2 years at issue. Accordingly, respondent’s determination on this issue with respect to petitioner’s 2002 and 2003 tax years is sustained. Section 162(a) authorizes a taxpayer to deduct ordinary and necessary business expenses paid or incurred during the taxable year in carrying on a trade or business. An “ordinary” expense 6 The Salvation Army witness testified that the receipt forms presented by petitioner were not used by the Salvation Army during the years at issue due to revisions in the forms that were required by changes in the Internal Revenue Code.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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