- 257 - 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 toPage: Previous 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 Next
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