For Property Tax Exemption Culture Not As Good As Charity
It is difficult to find a clear element of charity in Plaintiff’s stated purpose. Photography education and public awareness are culturally enriching, but not necessarily charitable. Plaintiff has a building with a gallery that displays photography, classrooms for photography classes, darkrooms, and digital photography laboratories. The public is free to stroll through the gallery looking at pictures on the walls and attend several lectures each year free of charge. However, photography classes are taught for a fee and the public must pay to use Plaintiff’s photography laboratories, darkrooms, and studio….
Alimony Deduction Requires Good Substantiation
But it gets more complicated. There was a $63,500 check that was included in the substantiation of a total alimony deduction of $90,265.67. The check was issued eight days after the required property settlement. “Spousal Support” was written in the memo section of the check, but that was crossed out.
Mr. Peery argued that the property settlement had been paid from other sources and that the $63,500 check was his ex-wife’s share of a capital gain. Just one of those crazy coincidences. It happens. Unfortunately, he was unable to substantiate the other $63,500, leaving the IRS unsatisfied and the Tax Court agreeing, The Court also upheld the accuracy penalty.
Follow Me
Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.