Lucky Stores, Inc. and Subsidiaries - Page 14

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            reduced contributions of certain types of property to                     
            charitable institutions.  In particular, those charitable                 
            organizations that provide food, clothing, medical                        
            equipment, and supplies, etc., to the needy and disaster                  
            victims have found that contributions of such items to those              
            organizations were reduced.                                               
                Congress believed that it was desirable to provide a                  
            greater tax incentive than in prior law for contributions of              
            certain types of ordinary income property which the donee                 
            charity uses in the performance of its exempt purposes.                   
            However, Congress believed that the deduction allowed should              
            not be such that the donor could be in a better after-tax                 
            situation by donating the property than by selling it.                    
            [Id., 1976-3 C.B. (Vol. 2) at 684-685.]                                   

        The Committee Report thus reflects Congressional intent to allow a            
        modified deduction, in limited situations, consisting of the                  
        taxpayer's basis plus a fraction of the unrealized ordinary income            
        inherent in the donated property, but subject to an overall                   
        limitation of twice adjusted basis.                                           
            Section 1.170A-1(c), Income Tax Regs., deals with the valuation           
        of a charitable contribution in property.  Section 1.170A-1(c)(2)             
        and (3) provide:                                                              
                    (2)  The fair market value is the price at which the              
                property would change hands between a willing buyer and               
                a willing seller, neither being under any compulsion to               
                buy or sell and both having a reasonable knowledge of                 
                relevant facts.  If the contribution is made in property              
                of a type which the taxpayer sells in the course of his               
                business, the fair market value is the price which the                
                taxpayer would have received if he had sold the                       
                contributed property in the usual market in which he                  
                customarily sells, at the time and place of the                       
                contribution and, in the case of a contribution of goods              
                in quantity, in the quantity contributed.  The usual                  
                market of a manufacturer or other producer consists of                
                the wholesalers or other distributors to or through whom              





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