Deductibility of Volunteering Expenses

IRC 170 just says

(j) Denial of deduction for certain travel expenses No deduction shall be allowed under this section for traveling expenses (including amounts expended for meals and lodging) while away from home, whether paid directly or by reimbursement, unless there is no significant element of personal pleasure, recreation, or vacation in such travel.

It does not spell out explicitly that the deduction is denied when it is for expenses of a dependent. Maybe there are court cases on the issue. =================== As long as the dependent doesn't file his/her own tax return and is also claimed by the taxpayer taking the out-of-pocket contribution, I would say that the deduction is safe (with respect to the comment above).

Reply to
D. Stussy
Loading thread data ...

What is your basis for this? The statute does not seem clear.

Reply to
removeps-groups

I'm pretty sure a member of the Mormon Church won a case establishing this sort of expenditure by a parent IS deductible. I will look for the cite when I can.

Reply to
Bill Brown

My daughter has income and therefore files a return, but does not claim her own exemption.

Reply to
Dimitrios Paskoudniakis

See White v. United States [84-1 USTC ¶9170], a 10th Circuit Court of Appeals case.

Reply to
Bill Brown

An interesting case with a slightly different set of facts as we are not dealing with a member of a church on a mission. Quoting from the conclusion in White (emphasis is mine):

When the payment is for part of the costs of necessary travel and for all of the liv The Brinley's payments would be deductible if they primarily benefited the LDS Church or if the Church maintained discretion as to their use. The evidence in the record before us does not establish that the LDS Church had control over the Brinleys' payments or that any part thereof primarily benefited the Church.

What we have here is a charitable organization that states in its appeal (the 50:50 program) that only half the donation is deductible. It seems to me that the charity is saying that you can't deduct one half because they the charity don't benefit from the contribution nor do they have discretion over the the use of the funds.

P.S. I don't know what happened to the Brinley's when the case was remanded.

Reply to
Alan

That would seem to be a change: I've seen approval letters that state that the 501(c)3 status was retroactive to the organization's founding. (The application has to be done soon enough after the founding for that to happen.)

Seth

Reply to
Seth

I think they're saying that half is deductible *as a donation to them*; the other half would be deductible as expenses in assisting them in their cause (providing they timely get the 501(c)3 approved).

Seth

Reply to
Seth

Can a "donation" have a set price? For the fundraising w/ the 501(c)3's I've been involved with, was always told by counsel that can have a "suggested" donation but if the person didn't want to contribute at all or made a smaller even token payment had to provide whatever it was (raffle ticket; whatever) despite not getting the desired dollar amount. Is that just wrong or is there somehow something different in these arrangements?

Reply to
dpb

The rule is that you are only allowed to deduct what you contribute to the extent it exceeds the value of what you get in return. If you set a minimum "contribution" level when you get something in return, that might be considered evidence of the value of what you get.

So yes, they can set a minimum "price" for some contributions. But if they do, the contribution may not be fully (or at all) deductible.

___ Stu

formatting link

Reply to
Stuart A. Bronstein

Sure: "Donate $100 to and get an umbrella depicting the college."

Only about $90 of that $100 is deductible.

Seth

Reply to
Seth

BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.