Lucky Stores, Inc. and Subsidiaries - Page 23

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            imprinted on the product or its container.  The products may              
            not be legally sold after the expiration date.                            
                Shortly before the expiration date of products that                   
            ordinarily were sold by X for 10x dollars, X made a qualified             
            contribution of such products within the meaning of section               
            170(e)(3)(A) of the Code.  On its Federal income tax return, X            
            claimed a deduction of 10x dollars for this contribution.  At             
            the time of the donation, if X had sold the products in the               
            usual market in which it sold such products, X would have                 
            realized only 5x dollars.  X could not reasonably have been               
            expected to realize its usual selling price for the products due          
            to the imminence of the expiration date after which the products          
            could not be sold legally.  X's basis in the products was 1x              
            dollars.  [Rev. Rul. 85-8, 1985-1 C.B. at 59.]                            

            It will be seen that under the postulated facts an "expiration            
        date" was required, presumably by law, and the products could not be          
        legally sold after the expiration date.  In the case before us an             
        expiration date was not a legal requirement, nor is there any legal           
        impediment related to the expiration date.  We recognize, of course,          
        that market forces would no doubt impose a practical impediment to            
        retail sales after the date on the Kwik Lok, except at a substantial          
        discount at thrift stores or on discount racks.                               
            The ruling assumes that because the expiration date was                   
        imminent, "X could not reasonably have been expected to realize its           
        usual selling price ".  Id.  We think our case is different.  Here,           
        we are dealing with donations of rapidly perishable inventory which           
        petitioner had on hand for sale for a very short time, so that the            
        bread donations on the pull date--the day before the date code                
        expiration date--have to be viewed in a context different from that           
        of the ruling.  This was not inventory which had been on hand for a           




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