{"id":30905,"date":"2026-07-31T07:54:28","date_gmt":"2026-07-31T11:54:28","guid":{"rendered":"https:\/\/www.ecoportal.net\/en\/?p=30905"},"modified":"2026-07-31T07:54:28","modified_gmt":"2026-07-31T11:54:28","slug":"oakland-lawyer-70-rescue-cats-irs-deduction","status":"publish","type":"post","link":"https:\/\/www.ecoportal.net\/en\/oakland-lawyer-70-rescue-cats-irs-deduction\/30905\/","title":{"rendered":"A woman in Oakland housed 70 rescue cats for a neuter charity and the IRS refused her 12,068 dollar deduction, and the tax court handed her a win that still cost her money over one missing letter"},"content":{"rendered":"<p>Picture a 1,500 square foot house in Oakland, California.<\/p>\n<p>Now picture&nbsp;<strong>70 feral cats<\/strong>&nbsp;living in it, plus seven that belong to the owner.<\/p>\n<p>There are carriers in the hallway, bowls on every flat surface, and a smell that no amount of paper towels fixes.<\/p>\n<p>The woman paying for all of it was doing it&nbsp;<strong>for a charity<\/strong>, not for herself.<\/p>\n<p>So at tax time she wrote the cost down and sent it in.<\/p>\n<p>The IRS threw out&nbsp;<strong>every dollar<\/strong>.<\/p>\n<h2>What she was actually doing in there<\/h2>\n<p>Jan Van Dusen is a former family law attorney.<\/p>\n<p>She volunteered for Fix Our Ferals, a registered charity in the Bay Area that traps feral cats, has them neutered, and returns them.<\/p>\n<p>Trap and neuter work only functions if somebody holds the animals during recovery, and sick or unweaned ones need weeks.<\/p>\n<p>So the cats went where the space was, which was&nbsp;<strong>her own house<\/strong>.<\/p>\n<p>Almost none of them were hers. They belonged to the organization or to other rescues.<\/p>\n<p>She paid the vet bills, bought the food, ran the washing machine, and hauled the trash.<\/p>\n<p>For the 2004 tax year she added it up and claimed&nbsp;<strong>12,068 dollars<\/strong>.<\/p>\n<p>The line she used was the one for&nbsp;<strong>charitable contributions<\/strong>.<\/p>\n<h2>Why the tax agency said no<\/h2>\n<p>Cat food is not an obvious charitable gift, and that was the sticking point.<\/p>\n<p>Writing a check to a charity is simple. Buying litter for a charity&#8217;s animals in your own kitchen is not.<\/p>\n<p>Because the money never passed through the charity&#8217;s hands, the agency treated the whole amount as&nbsp;<strong>personal spending<\/strong>&nbsp;and sent her a bill for underpaid tax.<\/p>\n<p>An auditor looking at that return sees a woman who likes cats and spends money on them, which is a hobby and not a donation.<\/p>\n<p>Most people stop right there, because fighting the IRS over twelve thousand dollars&nbsp;<strong>costs more<\/strong>&nbsp;than twelve thousand dollars.<\/p>\n<p>She did not stop.<\/p>\n<p>Instead she took it to the United States Tax Court, which is where taxpayers can contest a bill&nbsp;<strong>before paying it<\/strong>.<\/p>\n<p>And she went in with the argument that the expenses were never really hers at all.<\/p>\n<h2>The rule the judge went back to<\/h2>\n<p>The question came down to one line in the tax code.<\/p>\n<p>Section 170 allows a deduction for a charitable contribution, and the regulations have long accepted that an unreimbursed expense counts as a contribution when a volunteer incurs it&nbsp;<strong>in service of the charity<\/strong>.<\/p>\n<p>Mileage driven for a food bank is the familiar example.<\/p>\n<p>Nobody had applied it at this scale, to a house full of somebody else&#8217;s animals.<\/p>\n<p>Judge Richard Morrison worked through it in a decision released in&nbsp;<strong>June 2011<\/strong>.<\/p>\n<p>He found that the foster costs were exactly that kind of unreimbursed expense, and he allowed most of them.<\/p>\n<p>Roughly&nbsp;<strong>90 percent<\/strong>&nbsp;of the veterinary and pet supply spending came through, along with half the utilities and cleaning costs.<\/p>\n<h2>The part that cost her money anyway<\/h2>\n<p>Then the ruling turned against her, and it turned on paperwork.<\/p>\n<p>For any single contribution of&nbsp;<strong>250 dollars or more<\/strong>, the law requires a written acknowledgment from the charity, obtained at the time.<\/p>\n<p>Van Dusen did not have those letters, as the decision at&nbsp;<a href=\"https:\/\/www.courtlistener.com\/opinion\/4561406\/van-dusen-v-commr\/\" target=\"_blank\" rel=\"noopener\">the court record<\/a>&nbsp;lays out.<\/p>\n<p>So every expense above that line was disallowed, no matter how legitimate the judge had just found it to be.<\/p>\n<p>A vet bill for a colony of feral cats clears 250 dollars&nbsp;<strong>without any effort<\/strong>, which is where most of her total sat.<\/p>\n<p>She won the principle and lost on the receipt, which is a very expensive way to be right.<\/p>\n<p>Tax writers covering the case reduced the lesson to&nbsp;<strong>three identical words<\/strong>, as&nbsp;<a href=\"https:\/\/theweek.com\/articles\/484016\/cat-lady-who-beat-irs\" rel=\"nofollow noopener\" target=\"_blank\">contemporary coverage<\/a>&nbsp;recorded. Get the letter.<\/p>\n<p>The same gap between doing the right thing and documenting it shows up around a&nbsp;<a href=\"https:\/\/ecoportal.net\/en\/fox-lost-wild-home-solar-panels\/24938\/\" target=\"_blank\" rel=\"noopener\">solar site<\/a>&nbsp;or an&nbsp;<a href=\"https:\/\/ecoportal.net\/en\/an-offshore-wind-farm-in-the-north-sea\/28240\/\" target=\"_blank\" rel=\"noopener\">offshore project<\/a>.<\/p>\n<h2>What it means for anyone who fosters<\/h2>\n<p>Van Dusen v. Commissioner is still the case people cite, and it applies far beyond cats.<\/p>\n<p>If you foster for a registered charity, the food, the litter, the vet bills and a fair share of the utilities can be&nbsp;<strong>deductible expenses<\/strong>.<\/p>\n<p>The animals have to belong to the organization rather than to you, and the organization has to be a real registered nonprofit.<\/p>\n<p>You need records, and above 250 dollars you need the letter.<\/p>\n<p>Millions of American households take in&nbsp;<strong>rescue cats<\/strong>&nbsp;and dogs every year, and most of them never claim a cent.<\/p>\n<p>What the court decided is that fostering for a charity is not a hobby, whatever it looks like from the doorway.<\/p>\n<p>It decided that a spare room can be&nbsp;<strong>charitable infrastructure<\/strong>, which is a strange sentence and a useful one.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Picture a 1,500 square foot house in Oakland, California. Now picture&nbsp;70 feral cats&nbsp;living in it, plus seven that belong to the owner. There are carriers in the hallway, bowls on every flat surface, and a smell that no amount of paper towels fixes. The woman paying for all of it was doing it&nbsp;for a charity, &#8230; <a title=\"A woman in Oakland housed 70 rescue cats for a neuter charity and the IRS refused her 12,068 dollar deduction, and the tax court handed her a win that still cost her money over one missing letter\" class=\"read-more\" href=\"https:\/\/www.ecoportal.net\/en\/oakland-lawyer-70-rescue-cats-irs-deduction\/30905\/\" aria-label=\"Read more about A woman in Oakland housed 70 rescue cats for a neuter charity and the IRS refused her 12,068 dollar deduction, and the tax court handed her a win that still cost her money over one missing letter\">Read more<\/a><\/p>\n","protected":false},"author":28,"featured_media":30908,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"rank_math_focus_keyword":"woman","rank_math_title":"","rank_math_description":"","footnotes":""},"categories":[2],"tags":[],"class_list":["post-30905","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-finance"],"_links":{"self":[{"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/posts\/30905","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/users\/28"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/comments?post=30905"}],"version-history":[{"count":0,"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/posts\/30905\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/media\/30908"}],"wp:attachment":[{"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/media?parent=30905"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/categories?post=30905"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ecoportal.net\/en\/wp-json\/wp\/v2\/tags?post=30905"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}