- 18 - 1.170A-4(c)(2)(ii), Income Tax Regs. “In order for a conveyance to constitute a charitable contribution as a bargain sale the seller must make the conveyance with the requisite charitable intent and the fair market value of the property on the date of the sale must in fact exceed the sales price.” Grinslade v. Commissioner, 59 T.C. 566, 577 (1973); accord Waller v. Commissioner, 39 T.C. 665, 677 (1963); see also Stark v. Commissioner, 86 T.C. 243, 255-256 (1986) (taxpayer who makes a bargain sale to charity is entitled to claim a charitable contribution equal to the difference between the fair market value of the property and the amount realized from the sale). It is clear from respondent’s briefs that respondent is not challenging petitioners’ charitable intent (“respondent would concede that petitioners’ evidence as to the subjective beliefs of the parties is persuasive on the issue of donative intent”), but is arguing that the fair market value of the easement did not exceed the amount realized from its sale: “[P]etitioners bear the burden of showing that what they received in exchange for the deed of easement was not commensurate with the value of the property exchanged.” Therefore, we shall first determine the fair market value of the easement on the conveyance date. B. Section 1.170A-14(h)(3)(i), Income Tax Regs. The general rule is that the amount of a charitable contribution made in property is the fair market value of thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011