Lucky Stores, Inc. and Subsidiaries - Page 12

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                    be used by the donee solely for the care of the ill, the          
                    needy, or infants;                                                
                        (ii)  the property is not transferred by the donee            
                    in exchange for money, other property, or services;               
                        (iii)  the taxpayer receives from the donee a                 
                    written statement representing that its use and                   
                    disposition of the property will be in accordance with            
                    the provisions of clauses (i) and (ii); and                       
                        (iv)  in the case where the property is subject to            
                    regulation under the Federal Food, Drug, and Cosmetic             
                    Act, as amended, such property must fully satisfy the             
                    applicable requirements of such Act and regulations               
                    promulgated thereunder on the date of transfer and for            
                    one hundred and eighty days prior thereto.                        
                (B)  Amount of Reduction.--The reduction under paragraph              
            (1)(A) for any qualified contribution (as defined in                      
            subparagraph (A)) shall be no greater than the sum of--                   
                        (i)  one-half of the amount computed under paragraph          
                    (1)(A) (computed without regard to this paragraph), and           
                        (ii)  the amount (if any) by which the charitable             
                    contribution deduction under this section for any                 
                    qualified contribution (computed by taking into account           
                    the amount determined in clause (i), but without regard           
                    to this clause) exceeds twice the basis of such                   
                    property.                                                         

            Thus, section 170(e)(1) limits the deduction for charitable               
        contributions of ordinary income property to the basis of the                 
        property.  However, section 170(e)(3) allows a limited deduction in           
        excess of basis for charitable contributions of inventory and other           
        property to qualified donees.  (As previously stated, we have found           
        (based upon the parties' stipulation) that petitioner's                       
        contributions were qualified contributions under section                      
        170(e)(3)(A)).  If the inventory contributed to qualified donees has          




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