J.J. Zand - Page 185

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               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 contends           





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