Michael Ferguson and Valene Ferguson - Page 22

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               In S.C. Johnson & Son, Inc. v. Commissioner, 63 T.C. 778               
          (1975), the taxpayer contributed to a charitable organization two           
          forward sales contracts that had substantially appreciated in               
          value as a result of the November 1967 devaluation of the British           
          pound.  After assignment of the currency contracts by the                   
          taxpayer, the charitable organization entered into negotiations             
          with and sold the contracts to an unrelated third party.  The               
          Commissioner asserted that the assignment of the contracts was              
          actually an assignment of “fixed” or “earned” income in light of            
          the fact that the taxpayer “could have closed out its forward               
          position in an economic sense after the devaluation and assured             
          eventual realization of gain under one of three methods”.  Id. at           
          784, 787.  First, this Court noted that the taxpayer had no legal           
          right to the appreciation in the contracts prior to delivery of             
          the British pounds on the maturity date.  Id. at 786.  The                  
          inquiry, however, did not end.  We determined that the taxpayer             
          had not taken any steps to close out its forward position under             
          the sales contracts prior to the gift.  We also considered as               
          significant the donee's control over the timing of the receipt of           
          the income and the donee's exposure to potential liabilities in             
          the event of a revaluation of the British pound prior to the                
          maturity date.  Id. at 787-788; see also Carborundum Co. v.                 
          Commissioner, 74 T.C. 730, 742 (1980) (on facts similar to S.C.             
          Johnson & Son, Inc., we distinguished Kinsey v. Commissioner,               
          supra, and Jones v. United States, supra, because the taxpayers             




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