A business owner donates real property to a charity. The gift is genuine — no dispute about that. Years later, the IRS disallows the entire deduction. Not a reduced amount. All of it. The reason: the thank-you letter from the charity was missing one required sentence.

That’s not a hypothetical. A Tax Court decision this summer (Wells v. Commissioner, T.C. Memo. 2026-49) threw out more than $4.4 million in charitable deductions for exactly that reason. The court was blunt about it: there’s no partial credit here, and there’s no “close enough.”

If your business or you personally give to charity — cash, equipment, inventory, a vehicle, real estate — this is the rule that decides whether any of it holds up.

The $250 line and the exact sentence you need

Any single donation of $250 or more requires a contemporaneous written acknowledgment (CWA) from the charity before you can claim the deduction. This isn’t new. What trips people up is what the letter has to actually say.

If you received nothing in exchange for the donation, the letter must include a specific statement to that effect — that no goods or services were provided in consideration of the contribution. Not implied. Not assumed because it’s obviously a charitable gift. Stated, in writing, in that letter.

If you did receive something — tickets to a gala, a dinner, a plaque — the letter has to describe and estimate the value of what you received, so you can back out that portion of the deduction.

Miss the statement entirely, and courts have consistently held that the doctrine of “substantial compliance” does not save you. That’s the part that surprises people: this isn’t like other tax documentation, where close enough with corroborating evidence gets you most of the way there. Here, the deduction is disallowed in full, even when nobody disputes the donation was real and the amount was accurate.

Why this hits business owners more than most donors

Cash gifts to your alma mater or a local food pantry usually come with a clean, boilerplate thank-you letter that nonprofits have down to a science. The exposure shows up in the gifts that don’t follow that script: donating appreciated property, old equipment, inventory, or a vehicle to a charity, a scholarship fund, or a smaller organization that doesn’t have a standardized acknowledgment process.

Smaller and newer nonprofits are the most likely to send an informal thank-you note instead of a compliant CWA. The donation is just as real. The tax result is not the same.

Made a significant noncash or property donation this year? The acknowledgment letter is the single piece of paper that decides whether the deduction survives. Schedule a call and we'll check it before you file.

What to do before you file

Pull the acknowledgment letter for every donation of $250 or more from this year — cash included. Read it looking for one thing: does it state, in plain language, that you received nothing in return (or, if you did, what it was and roughly what it was worth)?

If the letter is missing that language, contact the charity now and ask for a corrected acknowledgment. You need it in hand by the earlier of the date you file your return or the extended due date — after that, it’s generally too late to fix. This is not the kind of thing you want to discover for the first time during an audit two years from now.

If you’re planning a larger gift before year-end — appreciated stock, real estate, a business vehicle — get the acknowledgment language confirmed with the charity in advance, not after the fact. A five-minute phone call before you sign anything is cheaper than losing the deduction outright.

Planning a major charitable gift or already sitting on donations you're not sure are documented correctly? Book a call before the receipt becomes the problem.

The tax law doesn’t ask whether your donation was generous or genuine. It asks whether the paper trail says the right words. Check the letter before the IRS does.

This post is for general informational purposes and does not constitute tax or legal advice. Charitable contribution substantiation rules are strict and fact-specific. Consult a qualified tax professional regarding your individual situation before claiming a charitable deduction. Geiger Tax & Accounting, Amityville, NY — (631) 532-5622 — info@geigertax.com.