- 22 - 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 taxpayersPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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