- 259 - Section 170(e)(1)(A) provides that deductions for claimed charitable contributions are required to be reduced by the ordinary income or short-term capital gain that would have been realized if the property had been sold at its fair market value on the date of contribution. Simply stated, a taxpayer's allowable deduction is limited by his basis in such property. As set forth in our findings of fact, the transaction at issue is the December 1979 donation of real estate to Kenyon College with a net value, after encumbrances, of $657,000. Petitioner owned the properties donated to Kenyon College in 1979 for, at most, one day, because the properties were transferred to him by deeds from McZand, his wholly owned corporation, immediately before he transferred the properties to Kenyon College. The narrow dispute between the parties on this issue is whether these properties, had they been sold by petitioner at fair market value, would have produced any short-term capital gain or ordinary income, which would have reduced petitioner's allowable amount for the charitable contribution deduction. Petitioner's main contention is that the property was given to him in satisfaction of loans he purportedly made to the McZand Corporation. He argues that he had a basis in the donated realty equal to the loan notes of approximately $669,000 which exceeded the net fair market value ($657,000) of the property after taking into account the debt on the property. Thus, petitioner contendsPage: Previous 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 Next
Last modified: May 25, 2011