Lucky Stores, Inc. and Subsidiaries - Page 22

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        inventory.  Accordingly, generalized concepts such as respondent              
        would have us apply must give way in this instance to specific                
        rules.                                                                        
            Rev. Rul. 85-8, 1985-1 C.B. 59, as noted above, deals with                
        charitable contributions of dated products.  Neither party                    
        discusses, or even cites, this ruling, but for completeness we deem           
        it necessary to consider it.  Revenue Rulings are not accorded the            
        force of precedent in the Tax Court.  Rather, they represent the              
        position of the Commissioner on a given issue, and we deal with Rev.          
        Rul. 85-8 in that light.  Estate of Lang v. Commissioner, 64 T.C.             
        404, 406-407 (1975), affd. in part and revd. in part on other                 
        grounds 613 F.2d 770 (9th Cir. 1980).                                         
            Rev. Rul. 85-8 holds that when a corporation donates products in          
        inventory to a charitable organization shortly before the products'           
        expiration date, the amount allowable as a charitable contribution            
        deduction is equal to the taxpayer's basis in the property plus one-          
        half of the unrealized appreciation, not to exceed twice the                  
        taxpayer's basis in the property.  The ruling, however, presupposes           
        the fact that we are charged with determining, namely, the amount of          
        "unrealized appreciation."  We quote the "facts" of the ruling as             
        follows:                                                                      

                Corporation X, which is not an S corporation as defined               
            in section 1361(a)(1) of the Internal Revenue Code, is a                  
            pharmaceutical manufacturer.  X manufactures products that                
            are subject to the requirement that an "expiration date" be               





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