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the City of Columbus, Department of Recreation and Parks, as a
donation to move the house to the other side of the river where
it was used as a public place. The city did not move the
building until 1977. On December 20, 1976, the City of Columbus
passed an ordinance accepting petitioner's donation of a single
family stucco house containing about 2,300 square feet plus an
attached garage, located at 3404 Riverside Drive, and dedicating
it to public use for recreation and park purposes.
The depreciation schedule attached to petitioner's 1975
income tax return shows that petitioner acquired the house
(identified as adjoining building) and land in October 1975 at a
total cost of $57,334.41. The cost for depreciation purposes was
allocated as $27,333.41 to the house and $30,000 to the land.
This allocation was not challenged by respondent. When the house
was donated to the City of Columbus 14 months later it had a fair
market value of at least $27,333.41. The house was rented
sometime during the period before it was donated to the City of
Columbus. Therefore, petitioner is entitled to a charitable
contribution deduction of $40,333.41 ($27,333.41 plus $13,000) in
1976. No greater deduction is allowed because petitioner did not
prove a fair market value for the house in excess of $27,333.41.
In the notice of deficiency for 1976 respondent determined
that no charitable contribution deduction was allowable because
the property was purchased with the intent to demolish the house.
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