Lucky Stores, Inc. and Subsidiaries - Page 25

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        undertake the kind of detailed analysis that would permit us to               
        determine whether Professor Rubinfeld's analysis supports the                 
        opinion he expresses or rejects it.  We have therefore not relied             
        upon his report in deciding this case.                                        
            Our review of the facts convinces us that on Sundays, and                 
        occasionally on other days, petitioner could and did sell 4-day               
        bread at regular retail prices, and in sufficient quantities so as            
        to constitute meaningful sales.  Congress, by enacting section                
        170(e)(3), intended to encourage donations of the type in question            
        for the direct use of a special and narrowly limited class of                 
        recipients; namely, the ill, the needy, and infants.  Section                 
        170(e)(3)(A).  As the Conference Committee Report quoted above                
        notes, before the addition of section 170(e)(3), contributions of             
        food, clothing, medical equipment, and supplies for the benefit of            
        such persons had dried up as a result of the limitations imposed by           
        section 170(e)(1).  We think section 170(e)(3) and sections 1.170A-           
        1(c)(2) and (3), Income Tax Regs., should not be interpreted in such          
        a restrictive way as to unnecessarily inhibit donations of the type           
        Congress meant to encourage, and certainly petitioner's bread                 
        donations are of that type.                                                   
            Furthermore, we again note that Congress was careful to draft             
        section 170(e)(3)(B) in such a way as to prevent the situation where          
        a taxpayer would be better off, after tax, by donating the property           
        than it would have been if it had sold the donated property and               





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