Rhett Rance Smith and Alice Avila Smith, et al. - Page 31




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          for the noncash charitable contributions because they                       
          substantially complied (that the information provided is                    
          sufficient to meet the requirements) and because they had                   
          “reasonable cause * * * for [any] failure to fully comply.”                 
               A charitable contribution is allowable as a deduction only             
          if verified under regulations prescribed by the Secretary.  Sec.            
          170(a)(1); Hewitt v. Commissioner, 109 T.C. 258, 261 (1997),                
          affd. without published opinion 166 F.3d 332 (4th Cir. 1998).               
          The obligation to substantiate charitable contribution deductions           
          is clear and unambiguous.  Blair v. Commissioner, T.C. Memo.                
          1988-581.  No deduction is allowed for a contribution in excess             
          of $5,000 unless the taxpayer meets the substantiation                      
          requirements of section 1.170A-13(c)(2), Income Tax Regs.  Todd             
          v. Commissioner, 118 T.C. 334, 340 (2002); sec. 1.170A-                     
          13(c)(1)(i) Income Tax Regs.  Section 1.170A-13(c)(2)(i), Income            
          Tax Regs., generally provides that a taxpayer must comply with              
          the following three requirements:                                           
                    (A) Obtain a qualified appraisal (as defined in                   
               paragraph (c)(3) of this section) for such property                    
               contributed.  If the contributed property is a partial                 
               interest, the appraisal shall be of the partial interest.              
                    (B) Attach a fully completed appraisal summary (as                
               defined in paragraph (c)(4) of this section) to the tax                
               return (or, in the case of a donor that is a partnership or            
               S corporation, the information return) on which the                    
               deduction for the contribution is first claimed (or                    
               reported) by the donor.                                                
                    (C) Maintain records containing the information                   
               required by paragraph (b)(2)(ii) of this section.                      






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