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IRS Plays Sore Winner In House Burning Charity Case

IRS Plays Sore Winner In House Burning Charity Case

What the IRS seems to be saying in the AOD is that the Patels were just lucky that the law was uncertain.  They were taking a very large deduction that, on its face, had a bit of the “too good to be true” about it.  The law was uncertain, but they didn’t prove that they did the research to determine that it was uncertain.  The moral of the story seems to be that if you are taking a position that seems like it might be sketchy, you should do the research or have somebody do it for you and document it.  Nothing new there  really.

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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.