J.J. Zand - Page 183

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          demolishing an existing building, either immediately or                     
          subsequently, the entire basis of the property is allocated to              
          the land, increased by the net cost of demolition, and no loss is           
          allowed for the demolition of the building.  Sec. 1.165-3(a)(1),            
          Income Tax Regs.; Estate of Wilson v. Commissioner, T.C. Memo.              
          1990-514, and cases cited therein.  The rationale for this is               
          that if a taxpayer buys property with the intention of                      
          demolishing a building, the building can have no value to the               
          taxpayer and its demolition causes the taxpayer no loss.  Ivey v.           
          Commissioner, 423 F.2d 862, 864 (2d Cir. 1970), affg. 52 T.C. 76            
          (1969).                                                                     
               Section 170(c) permits a deduction for a charitable                    
          contribution to a State or political subdivision thereof,                   
          provided the gift is made for exclusively public purposes.                  
          Osborne v. Commissioner, 87 T.C. 575 (1986).  However, the                  
          measure of a charitable contribution of property is the fair                
          market value of such property.  Withers v. Commissioner, 69 T.C.            
          900, 902 (1978).                                                            
               We reject respondent's contention that petitioner intended             
          to demolish the house when he purchased it some 14 months before            
          he gave it to the City of Columbus, Department of Recreation and            
          Parks.  The provisions of section 1.165-3, Income Tax Regs., are            
          inapplicable in these circumstances for two reasons.  First, the            
          regulation applies only if the purchaser has the intent to                  





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