- 17 - must be subtracted from that figure to determine properly the amount of the charitable contribution.2 IV. Analysis of the Fair Market Value of the Easement A. Introduction A bargain sale is a transfer of property that is in part a sale or exchange and in part a gift. See section 1.1001-1(e)(2) Example (3), Income Tax Regs., which provides as follows: A transfers property to his son for $30,000. Such property in A’s hands has an adjusted basis of $30,000 (and a fair market value of $60,000). A has no gain and has made a gift of $30,000, the excess of $60,000, the fair market value, over the amount realized, $30,000. Where the bargain sale is to a charitable organization, the gift generally constitutes a charitable contribution. See sec. 2 It should be noted that, in making the alternative argument, respondent does not rely on the following sentences of sec. 1.170A-14(h)(3)(i), Income Tax Regs.: If, as a result of the donation of a perpetual conservation restriction, the donor or a related person receives, or can reasonably expect to receive, financial or economic benefits that are greater than those that will inure to the general public from the transfer, no deduction is allowable under this section. However, if the donor or a related person receives, or can reasonably expect to receive, a financial or economic benefit that is substantial, but it is clearly shown that the benefit is less than the amount of the transfer, then a deduction under this section is allowable for the excess of the amount transferred over the amount of the financial or economic benefit received or reasonably expected to be received by the donor or the related person. * * *Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011