Stanley A. and Connie A. Wasik - Page 22




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          substantiate donations they made and introduced no receipts or              
          acknowledgment from the church of any contributions.  The balance           
          of the evidence introduced to substantiate petitioners’ cash                
          contributions relates to Prior Lake Athletics For Youth                     
          (P.L.A.Y.).  Mr. Wasik testified that he purchased instructional            
          videos and kept them at his home, but that he told the other                
          P.L.A.Y. coaches they were free to use the videos.  Mr. Wasik               
          acknowledged that he did not donate money to the organization.              
               We are convinced that petitioners attended the church and              
          donated money.  We may estimate such cash charitable                        
          contributions under the Cohan rule.7  See Fontanilla v.                     
          Commissioner, T.C. Memo. 1999-156.  We conclude that petitioners            
          are entitled to deduct $400 of cash charitable contributions to             
          the church.  Petitioners are not entitled to deduct any amount              
          for cash charitable contributions related to the instructional              
          videos as they acknowledged they did not make any cash                      
          contributions to that organization.  Moreover, we note that                 
          donations must be to the charity.  Petitioners may not deduct the           
          costs of videos they purchased as a charitable contribution                 

               7There are now stricter requirements for contributions of              
          money.  Sec. 170(f)(17).  No deduction for a contribution of                
          money in any amount is allowed unless the donor maintains a bank            
          record or written communication from the donee showing the name             
          of the donee organization, the date of the contribution, and the            
          amount of the contribution.  Id.  This new provision is effective           
          for contributions made in tax years beginning after Aug. 17,                
          2006.  Pension Protection Act of 2006, Pub. L. 109-280, sec.                
          1217, 120 Stat. 1080.                                                       





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