Rhett Rance Smith and Alice Avila Smith, et al. - Page 78




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          several taxable years.  We must decide whether petitioners are              
          liable for the accuracy-related penalties with respect to the               
          noncash charitable contribution deductions.                                 
               Beginning in the mid-1990s and for various years through               
          2001, petitioners claimed deductions for noncash charitable                 
          contributions.  Respondent determined that they are not entitled            
          to the deductions because they failed to supply the information             
          required by the statute and regulations, and we have so held.9              
          Respondent contends that petitioners knew that they had not                 
          supplied the required information--i.e., that the appraisals                
          valued Beneco stock rather than the limited partnership interests           
          and that the appraisals submitted were not timely as required by            
          the statute.  Amongst other errors in reporting the noncash                 
          charitable contributions, the percentages of ownership were                 
          misstated, the C.P.A. signed the appraiser’s name, and reference            
          was made to an appraisal with a particular date which has not               
          been shown to exist.  Respondent contends that no reasonably                
          prudent person would have allowed these errors to persist year              
          after year.                                                                 



               9 Respondent also questioned whether the values of the                 
          limited partnership interests or the amounts of the claimed                 
          contributions were overstated.  We have not addressed the value             
          question because we have sustained respondent’s determination               
          that petitioners are not entitled to any deduction because they             
          failed to provide information required by the statute and the               
          regulations.                                                                





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