J.J. Zand - Page 61

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               C.  Deduction for Charitable Contribution Claimed for                  
          Property Transferred to Kenyon College                                      
               On the 1979 income tax return petitioner claimed a                     
          charitable contribution deduction in the amount of $657,000                 
          arising out of real estate donated to Kenyon College.  This                 
          deduction was reduced to zero in the notice of deficiency by                
          ordinary income realized.                                                   
               The claimed charitable contribution consisted of property              
          owned by the McZand Corporation, a subchapter S corporation, and            
          listed on its tax return as being acquired for the following                
          amounts and on dates of purchase indicated:                                 
                          Land          Date         Amount                           
               Stoneridge Land      09/77         $511,000                            
          Westgrove Land       05/78              438,000                             
          Pickerington Land    05/78         411,000                                  

               The $657,000 amount of the charitable contribution claimed             
          by petitioner was calculated by determining that the fair market            
          value of the Stoneridge, Westgrove, and Pickerington tracts was             
          $1,360,000 (the sum of the properties' costs) less mortgages of             
          $703,000 for a net value after debt of $657,000.                            
               The McZand Corporation was involved in real estate                     
          development.  Initially, petitioner and his children owned 50               
          percent of McZand Corporation's stock, and David William McCabe,            
          in his individual capacity or as custodian for his children,                
          owned the remaining 50 percent.  Subsequently, on October 22,               





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