Rhett Rance Smith and Alice Avila Smith, et al. - Page 37




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               Unlike the taxpayers in Bond, the taxpayers in Hewitt did              
          not provide information on the Form 8283 that satisfied most of             
          the requirements of the regulation.  In holding that the                    
          taxpayers were not entitled to a deduction in excess of their               
          basis (for the full fair market value), the Court provided the              
          following rationale:                                                        
                    Petitioners herein furnished practically none of                  
               the information required by either the statute or the                  
               regulations.  Given the statutory language and the                     
               thrust of the concerns about the need of respondent to                 
               be provided with appropriate information in order to                   
               alert respondent to potential overvaluations, * * *                    
               petitioners simply do not fall within the permissible                  
               boundaries of Bond v. Commissioner, supra, where an                    
               appraisal summary, which was completed by a qualified                  
               appraiser, contained most of the required information                  
               and could therefore be treated as a written appraisal,                 
               was attached to the return. Cf. D’Arcangelo v.                         
               Commissioner, T.C. Memo. 1994-572 (respondent prevailed                
               where no qualified appraisal was obtained).                            
                             *   *   *   *   *   *   *                               
                    Moreover, it is clear that the principal objective                
               of DEFRA section 155 was to provide a mechanism whereby                
               respondent would obtain sufficient return information                  
               in support of the claimed valuation of charitable                      
               contributions of property to enable respondent to deal                 
               more effectively with the prevalent use of                             
               overvaluations.  See S. Comm. on Finance, Deficit                      
               Reduction Act of 1984, Explanation of Provisions                       
               Approved by the Committee on March 21, 1984, S. Prt.                   
               98-169 (Vol. 1), at 444-445 (S. Comm. Print 1984);                     
               Staff of Joint Comm. on Taxation, General Explanation                  
               of the Revenue Provisions of the Deficit Reduction Act                 
               of 1984 (J. Comm. Print 1985); cf. Atlantic Veneer                     
               Corp. v. Commissioner, 85 T.C. 1075, 1084 (1985), affd.                
               812 F.2d 158 (4th Cir. 1987). Such need exists even                    
               though in a particular case, such as this, it turns out                
               that the taxpayer’s deduction was in fact based on the                 
               fair market value of the property. This happenstance is                
               insufficient to constitute substantial compliance with                 






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