Rhett Rance Smith and Alice Avila Smith, et al. - Page 48




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               Our review of the materials and information that petitioners           
          submitted to respondent with their returns reveals that important           
          information that would have enabled respondent to understand and            
          monitor the claimed contributions was not supplied.  Congress               
          mandated the reporting information so that the Internal Revenue             
          Service (IRS) could monitor and address congressional concerns              
          about overvaluation and other aspects of claimed charitable                 
          contribution deductions.  The submission of the information is              
          prerequisite to petitioners’ entitlement to a charitable                    
          contribution deduction.  Petitioners’ failure to substantially              
          comply or otherwise provide respondent with sufficient                      
          information to accomplish the statutory purpose compels our                 
          conclusion that respondent properly disallowed petitioners’                 
          claimed noncash charitable contribution deductions.4                        
          Section 183 Activities                                                      
               Rance and Zane each claimed losses that respondent                     
          disallowed as being from activities not engaged in for profit               
          within the meaning of section 183.  If an individual engages in             
          an activity but does not engage in that activity for profit, “no            
          deduction attributable to such activity shall be allowed under              
          this chapter except as provided in * * * [section 183].”  Sec.              
          183(a).  Section 183(b)(1) permits deductions which are otherwise           


               4  Our holding that petitioners are not entitled to the                
          noncash charitable contribution deduction renders it unnecessary            
          to decide the value of the contributed interests.                           





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