Charles A. and Marian L. Derby, et al. - Page 31




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          assets associated with their medical practices in amounts                   
          consistent with Dr. Levin's allocations, as follows:                        
                                                           Deduction                 
          Docket No.            Petitioner                  Claimed                   
          10930-02            Derby                        1$65,006                   
          10931-02            Droubay                  73,592                         
          10932-02            Eusebio                  35,978                         
          10933-02            Harris              38,839                              
          10934-02            Hirsch              28,619                              
          10935-02            Smith-Hoefer             81,769                         
          10936-02            Kennedy                         240,884                 
          10937-02            Levin               104,255                             
          10939-02            Smith-MacLean            47,427                         
          10941-02            Patterson                83,405                         
          10942-02            Silva               76,045                              
          10943-02            Women's Health Assoc.      3162,926                     
          10945-02            Watts-White         40,475                              

               1 Because the charitable contribution deduction claimed                
               on Schedule A, Itemized Deductions, of the Derbys' 1994                
               return ($8,913 in cash contributions plus the $65,006                  
               noncash portion at issue in this case) exceeded 50                     
               percent of adjusted gross income, the Derbys' 1994                     
               charitable contribution deduction was limited to                       
               $60,212.  Respondent denied a deduction for "any amount                
               in excess of $8913" and increased the Derbys' income by                
               $51,409, although it appears that the deduction                        
               disallowance should not have exceeded $51,299 (the                     
               difference between $60,212 and $8,913).                                
               2 Claimed on an amended return.                                        
               3 This is the aggregate amount of the charitable contribution          
               deduction related to the SMF transaction that the                      
               partnership allocated to the two partners (Dr. Schimmel                
               ($77,277); and Dr. Conrad-Forest ($85,699)) on the                     
               partnership return.  The Forms 8283 provided for each                  
               partner list a charitable contribution deduction of $96,896            
               for each.  There is no evidence in the record that accounts            
               for the discrepancy.                                                   









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